On November 17, 1995, Sheryl and John White filed a medical malpractice suit against Dr. James Northington and Northington Clinic after the doctor allegedly removed Sheryl White's ovaries without her permission. During the trial, the defendant found out that the plaintiffs had filed for bankruptcy (Chapter 13) before suing him and they had not disclosed their malpractice claim in court.
The defense claimed that the Whites lacked the standing to file the suit and should have been stopped by the court due to their failure to disclose this information. The court rejected the lack-of-stand argument but directed the verdict in favor of the defendants, citing judicial estoppel. The plaintiffs appealed to the Supreme Court of Alabama which reversed and remanded the judgment of the trial court.
Plaintiff's Failure to Address All Grounds of Defense Constitutes a Waiver of Those Issues - Dismissal Affirmed
Appointment of Personal Representative Does Relate Back to the Filing of the Original Complaint
Appeal Dismissed as Untimely
Amended Complaint Did not Relate Back to Complaint and was Time Barred