Summary Judgment Denial Not Reviewed By Mandamus Despite Involving Time Bar Against Previously Fictitious Party

A defendant sought mandamus review of the circuit court’s denial of its motion for summary judgment. The motion presented issues of fictitious-party practice and the statute of limitations. Because the trial court had not reached the limitations issue, and because that issue might make the fictitious-party question irrelevant, the defendant had an adequate remedy other than mandamus. The Supreme Court of Alabama thus denied the writ. Ex parte Brian Nelson Excavating, LLC, No. 1071473 (Ala. Jun. 12, 2009).

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Representative Could Not Bring Wrongful Death Claim That Was Time-Barred to Decedent

A personal representative could not bring a wrongful death suit where the underlying personal injury claim would have been time-barred to her decedent. The Supreme Court of Alabama affirmed a summary judgment dismissing the representative’s claim. The court also discussed intertwining issues of limitations and conflict of laws. In sum, Alabama’s wrongful death statute could not be used to import the more favorable limitations rules of other states in order to save the representative’s claim. Henderson v. MeadWestvaco Corp., No. 1070522 (Ala. Mar. 20, 2009).

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