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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