Pollard v. H.C. Partnership, [Ms. 1180795, Mar. 13, 2020] __ So. 3d __ (Ala. 2020). The Court (Bolin,
J.; Parker, C.J., and Wise, Sellers, Mendheim, Stewart, and Mitchell,
JJ., concur; Bryan, J., concurs in the result; Shaw, J., dissents) reverses
the Jefferson Circuit Court’s summary judgment dismissing a wrongful
death action on the ground of expiration of the two-year limitations period.
On May 7, 2017, Fannie Pollard filed an action against Hill Crest Behavioral
Services for the wrongful death of Ed Young. Pollard was not appointed
administrator of Young’s Estate until May 8, 2017, the day before
the second anniversary of Young’s death. Ms. *2. On June 15, 2017,
Pollard filed an amended complaint listing as plaintiffs Young’s
Estate and herself as personal representative.
Ibid.
The Court rejected the defendant’s argument that Rule 17(a) Ala.
R. Civ. Proc.’s relation-back doctrine does not apply to wrongful
death actions, explaining that the “doctrine does not extend the
limitations period but merely allows substitution of a party in a suit
otherwise timely filed.” Ms. *11.
The Court distinguished cases such as
Alvarado v. Kidd, 205 So. 3d 1188 (Ala. 2016) and
Wood v. Wayman, 47 So. 3d 1212 (Ala. 2010) where the appointment of the personal representatives occurred
after expiration of the wrongful-death limitations period. Ms. *12. The Court
cited with approval
Ellis v. Hilburn, 688 So. 2d 236 (Ala. 1997), allowing relation-back under Rule 17(a) of
an amended complaint where the surviving spouse had filed the initial
complaint as “next of kin” but was subsequently appointed
personal representative prior to expiration of the wrongful-death limitations
period. Ms. *16.