Harmon v. Blackwood

This is an appeal by permission of this Court pursuant to Rule 5, Ala.R.App.P., from an interlocutory order allowing the plaintiff, Terry Blackwood, as personal representative of the estate of his minor son Terry Wayne Blackwood, Jr., deceased, to substitute Dr. Phillip Harmon for a fictitiously named defendant and allowing that substitution to relate back to the date of the filing of the original complaint, pursuant to Rules 9(h) and 15(c), Ala.R.Civ.P. We reverse and remand.

This wrongful death action is based on an allegation of medical malpractice. The plaintiff knew the identity of Dr.…