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ST. PAUL FIRE & MARINE INS. CO. v. NOWLIN

86-50, 86-96.

542 So.2d 1190 (1988)

ST. PAUL FIRE & MARINE INSURANCE COMPANY and Druid City Hospital Board v. J.E. NOWLIN, administrator of the estate of James E. Nowlin, deceased. J.E. NOWLIN, administrator of the estate of James E. Nowlin, deceased v. ST. PAUL FIRE & MARINE INSURANCE COMPANY and Druid City Hospital Board.

Supreme Court of Alabama.

Rehearing Denied January 13, 1989.

Dissenting Opinion from Denial of Rehearing April 14, 1989.

Attorney(s) appearing for the Case

Michael S. Burroughs of Phelps, Owens, Jenkins, Gibson & Fowler, Tuscaloosa, for appellants, cross-appellees.

Edward F. Morgan, Tuscaloosa, for appellee, cross-appellant.

James W. Webb and Dorothy W. Littleton of Webb, Crumpton, McGregor, Sasser, Davis & Alley, Montgomery, for amicus curiae Association of County Commissions of Alabama.

Sydney Lavender of Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, for amicus curiae Alabama Hosp. Ass'n.

Lloyd W. Gathings and Timothy C. Davis of Gathings & Tucker, Birmingham, for amicus curiae Alabama Trial Lawyers Ass'n.

Drayton N. Hamilton, Montgomery, for amicus curiae Alabama League of Municipalities.

Don Siegelman, Atty. Gen., and Thomas R. Allison, Asst. Atty. Gen.

STEAGALL, Justice.

J.E. Nowlin, administrator of the estate of James E. Nowlin, brought a wrongful death action against the Druid City Hospital Board ("Board"), and on October 12, 1982, the jury returned a verdict in favor of Nowlin for $500,000. St. Paul Fire & Marine Insurance Company ("St. Paul"), the Board's insurance carrier, paid $100,000 of the judgment on behalf of the Board. The trial court granted the Board's Rule 60(b), A.R.Civ.P., motion for relief...

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