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Salter and Garton Prevail Before Alabama Supreme Court in Wrongful Death Action

Scott Salter and Allison Garton successfully obtained summary judgment in favor of multiple obstetricians in an infant wrongful death action. The question at issue was whether the action was successfully commenced within the statute of limitations when the plaintiff's complaint was filed within the statute, but was not served on the defendants until over four months after the statute of limitations had expired. Salter and Garton argued that because the plaintiff had the correct addresses for the defendants at the time the action was filed, but failed to effectuate service for over four months, the plaintiff did not possess a bona fide intent to commence the lawsuit and the action was barred by the statute of limitations. The plaintiff appealed to the Alabama Supreme Court. In an opinion released September 24, 2010, the Alabama Supreme Court affirmed the trial court's summary judgment in the physicians' favor. Jennifer Precise, as administrator ad litem of the estate of Khamora Witherspoon, deceased, and Mioka Witherspoon, as mother and next friend of Khamora Witherspoon, deceased v. Harvey Edwards, M.D., et al., No. 1081276 (September 24, 2010).



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