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EX PARTE KING

No. 1901791.

591 So.2d 464 (1991)

Ex parte Ida Mae KING, as legal guardian and next friend of Theodore King. (re Ida Mae King, etc. v. Cooper Green Hospital, et al.)

Supreme Court of Alabama.

December 13, 1991.

Attorney(s) appearing for the Case

Robert B. Roden and Richard L. Jones of Roden & Hayes, P.C., Birmingham, for petitioner.

W. Stancil Starnes, Walter W. Bates and Sybil Vogtle Abbot of Starnes and Atchison, Birmingham, for respondent.

INGRAM, Justice.

The plaintiff, Ida Mae King, as legal guardian and next friend of her son, Theodore King, and as administratrix of his estate, petitions this Court for a writ of mandamus directing the Jefferson Circuit Court to allow her to maintain two alternative, inconsistent, and mutually exclusive claims against the defendants. The trial court granted a motion by the defendants requiring the plaintiff to elect between the prosecution of a survival claim for...

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