Parks v. Moore

MONROE, Judge.

The plaintiff appeals from the dismissal of a wrongful death case, which the trial court found was not filed within the two-year limi*99tations period provided in § 6-5-410, Ala. Code 1975. On July 21,1991, Bobby Parks’s two-year-old son wandered from his yard, allegedly following some ducks that had landed there, to James Moore’s yard, where he drowned in a pond. On July 16,1993, Bobby Parks sued “James Moore d/b/a James Moore Paving Company” and 14 fictitious defendants for the wrongful death of his son. Moore filed a motion to dismiss and submitted an affidavit in which he…