Dwight Hooper, a doctor, and Columbus Regional Healthcare System filed an appeal seeking a mandate for Russell County's Circuit Court to nullify the denial of their motion to sever the alleged negligent hiring, training, and supervision claims from the medical malpractice lawsuit against Dr. Hooper. Furthermore, they requested separate trials for these claims.
However, the appeal was denied by the Alabama Supreme Court on the grounds of it being untimely filed (submitted beyond the appeal period). This judgment was against the dissenting opinion of Justice Stuart, who argued that the reason for the delay, as explained by the petitioners, was sufficient, and the consequence to Dr. Hooper and Columbus was severe.
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
Amended Complaint Did not Relate Back to Complaint and was Time Barred
Plaintiff's Claim Allowed to Proceed Despite Failure to Disclose in Bankruptcy Proceedings