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HOOD v. McELROY

1091075.

127 So.3d 325 (2011)

Jo Ann HOOD v. Elizabeth McELROY, as personal representative of the estate of Austin Taylor Terry, deceased.

Supreme Court of Alabama.

Rehearing Denied May 24, 2013.

Attorney(s) appearing for the Case

Luther Strange , atty. gen.; Sharon E. Ficquette , gen. counsel, Department of Human Resources; and William M. Dawson , Birmingham, for appellant.

Ted Taylor , Leah O. Taylor , and Rhonda P. Chambers of Taylor & Taylor, Birmingham; Courtney French of Fuston, Petway & French, LLP, Birmingham; Gusty Yearout of Yearout & Traylor, P.C., Birmingham; and William A. Short , Bessemer, for appellee.

PER CURIAM.

The defendant, Jo Ann Hood, appeals from the trial court's order granting a motion for a new trial filed by the plaintiff, Elizabeth McElroy, as personal representative of the estate of Austin Taylor Terry, deceased ("the estate"). We reverse and remand.

I. Factual Background and Procedural History

On September 6, 2002, the mother of Austin Taylor Terry, who was then 12 months old, admitted him to the Children's Hospital of Alabama...

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