Legal Opinion · Dissent

Ex parte Bio-Medical Applications of Alabama, Inc.

Supreme Court of Alabama

Decided July 15, 2016No. 1150362 and 1150363Published

1DissentMurdock, Justice

(dissenting),

I agree with the main opinion that § 43-2-843(17), Ala.Code 1975, does not authorize a personal representative to delegate to another person the authority to bring a wrongful-death action, I also agree that, having concluded that the wrongful-death action brought by William Corey Howard (“Corey”) in this case is a nullity under this Court’s holding in Ex parte Hubbard Properties, Inc., 205 So.3d 1211 (Ala.2016), the Court acts appropriately to address the issue of the applicability of § 43-2-843(17) in the manner that it does.

As regards the latter point, it was not on the basis…

2Cases cited7 opinions

  1. Liberty Nat. v. Univ. of Ala. Health Servs.Supreme Court of Alabama · 2003
  2. Pavilion Development v. Jbj PartnershipSupreme Court of Alabama · 2007
  3. Wood v. WaymanSupreme Court of Alabama · 2010
  4. Ogle v. GordonSupreme Court of Alabama · 1997
  5. Alvarado v. Estate of KiddSupreme Court of Alabama · 2016

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