In Wood v. Wayman, [Ms. 1070232] __ So.3d __ (Ala. May 7, 2010), the Supreme Court of Alabama held that the plaintiff's medical malpractice wrongful death action was due to be dismissed because plaintiff, the administratrix of the decedent's estate, was not a personal representative appointed by the Probate Court when she filed the action or at the expiration of the statutory two-year period for filing a wrongful death action. The principle that a wrongful death action is a nullity if filed by a person who has not been appointed as executrix or administratrix applies even to a widow whose husband's will names her as "personal representative." Appointment after the two-year limitations period expires does not relate back because the initial filing was a nullity.
RELATED DOCUMENTS