This case involves a wrongful-death action filed by Fannie M. Pollard as personal representative for the Estate of Ed Young against H.C. Partnership. The estate alleged that H.C. Partnership, doing business as Hill Crest Behavioral Health Services, caused Young's death by improperly administering antipsychotic drugs. However, the trial court granted a summary judgment in favor of H.C. Partnership, stating that Pollard did not have the capacity to bring the lawsuit when the complaint was initially filed.
Pollard appealed this decision, arguing that she was properly appointed as the personal representative before the limitations period expired. The Supreme Court of Alabama reversed the judgment, finding that the lawsuit was not a nullity and that the subsequent appointment of a personal representative did relate back to the filing of the original complaint. The court remanded the case for further proceedings.
Plaintiff's Failure to Address All Grounds of Defense Constitutes a Waiver of Those Issues - Dismissal Affirmed
Appeal Dismissed as Untimely
Amended Complaint Did not Relate Back to Complaint and was Time Barred
Plaintiff's Claim Allowed to Proceed Despite Failure to Disclose in Bankruptcy Proceedings
Supreme Court Reverses Jury Verdict in Favor of Plaintiff- Not Enough Substantial Evidence Demonstrating Proof of Causation
Trial Court Exceeded Discretion in Ordering Changes to Registered Death Certificate
Defense Ruling Upheld due to a Lack of Substantial Evidence that the Administration of Demerol led Directly to Plaintiff's Death
Amended Complaint Three Years after Death was Time Barred Due to Statute of Limitations