Health Care Authority for Baptist Health v. Davis

I concur in Part II.A. of the main opinion. However, I do not believe this Court needs to address the argument by Kay E. Davis, the plaintiff below, that interpreting the Health Care Authorities Act, § 22-21-310 et seq., Ala.Code 1975 (“the Act”), so as to apply the damages cap set forth in § 11-93-2, Ala.Code 1975, to all healthcare authorities formed pursuant to the Act is unconstitutional. Therefore, as to Part II.B. of the main opinion, I concur only in the result. See Lowe v. Fulford, 442 So.2d 29, 33 (Ala.1983) (“‘Generally courts are reluctant to reach constitutional questions, and…