205 So. 3d 1188
Ala.2016Background
- Madeline Kidd died in November 2012 after surgery; James O. Kidd, Sr. (her husband) filed for letters of administration on Nov. 10, 2014 and filed a wrongful-death/medical-malpractice suit on Nov. 11, 2014 (one day after petition; within two-year statutory deadline).
- Probate court issued letters of administration on Nov. 26, 2014—ten days after the wrongful-death two-year period expired.
- Defendants moved for dismissal/summary judgment arguing the wrongful-death statute (§ 6-5-410) requires a personal representative to be appointed within two years and James was not appointed until after that period.
- James argued the appointment related back to his timely petition and thus his suit was timely; the trial court agreed and denied summary judgment.
- The Alabama Supreme Court granted permissive appeal and reversed, holding relation back did not apply under the circumstances of this case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a personal-rep appointment after the two-year wrongful-death deadline can "relate back" to a timely-filed probate petition to save the suit | James: appointment relates back to the date he filed the petition (within two years), so claim is timely | Defendants: only a personal representative can bring the claim and appointment occurred after the statutory two-year period, so suit is time-barred | Court: relation back unavailable here; Wood general rule controls — appointment after limitations expired does not relate back absent probate-court "inadvertence" like in Ogle |
| Whether § 43-2-831 (relation-back for personal representatives) applies to wrongful-death actions under § 6-5-410 | James: relies on Ogle and § 43-2-831 to allow relation back | Defendants: Wood limits § 43-2-831 because wrongful-death damages do not "benefit the estate" | Held: § 43-2-831 does not generally apply to wrongful-death claims; Wood’s reasoning governs |
| Whether probate-court delay here qualifies as the Ogle exception (inadvertence/dereliction) | James: delay in issuance of letters should not bar claim | Defendants: the short, ordinary delay here is not the sort of dereliction in Ogle | Held: delay (16 days; letters issued 10 days after deadline) is not Ogle-level inadvertence; plaintiff failed to show probate dereliction |
| Whether the wrongful-death two-year provision can be tolled or otherwise equitably extended | James: equitable relation-back doctrine should prevent forfeiture | Defendants: the two-year provision is a statute of creation/nonclaim bar and cannot be tolled | Held: Court enforces the two-year statute strictly; relation back cannot be used to circumvent it in this posture |
Key Cases Cited
- Ogle v. Gordon, 706 So.2d 707 (Ala. 1997) (applied relation-back to validate appointment that followed lengthy probate delay)
- Wood v. Wayman, 47 So.3d 1212 (Ala. 2010) (held relation-back under § 43-2-831 does not generally apply to § 6-5-410 wrongful-death actions)
- McAleer v. Cawthon, 215 Ala. 674, 112 So. 251 (Ala. 1927) (historic statement of the relation-back doctrine for personal representatives)
- Strickland v. Mobile Towing & Wrecking Co., 293 Ala. 348, 303 So.2d 98 (Ala. 1974) (earlier wrongful-death decision limited relation-back; later discussed/overruled to extent inconsistent with Ogle)
- Ex parte FMC Corp., 599 So.2d 592 (Ala. 1992) (explains relation-back and limits of Rules 9(h)/15(c) in relation to statutes of creation)