Pollard v. H.C. Partnership d/b/a Hill Crest Behavioral Health Services

Supreme Court of Alabama

Jefferson County | 309 So.3d 1189 | March 13, 2020


Appointment of Personal Representative Does Relate Back to the Filing of the Original Complaint

This case involves a wrongful-death action filed by Fannie M. Pollard as personal representative for the Estate of Ed Young against H.C. Partnership. The estate alleged that H.C. Partnership, doing business as Hill Crest Behavioral Health Services, caused Young's death by improperly administering antipsychotic drugs. However, the trial court granted a summary judgment in favor of H.C. Partnership, stating that Pollard did not have the capacity to bring the lawsuit when the complaint was initially filed.

Pollard appealed this decision, arguing that she was properly appointed as the personal representative before the limitations period expired. The Supreme Court of Alabama reversed the judgment, finding that the lawsuit was not a nullity and that the subsequent appointment of a personal representative did relate back to the filing of the original complaint. The court remanded the case for further proceedings.

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