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EX PARTE CINCINNATI INS. CO.

1951867.

689 So.2d 47 (1997)

Ex parte CINCINNATI INSURANCE COMPANY. (In re CINCINNATI INSURANCE COMPANY, et al. v. BROOKWOOD MEDICAL CENTER, et al).

Supreme Court of Alabama.

February 28, 1997.

Attorney(s) appearing for the Case

Tom Burgess of Burgess & Hale, L.L.C., Birmingham, for petitioners.

Dorothy A. Powell and Deborah Ann Payne of Parsons, Lee & Juliano, P.C., Birmingham, for respondents.

BUTTS, Justice.

Cincinnati Insurance Company ("Cincinnati") has petitioned for a writ of mandamus directing Judge Jack D. Carl of the Jefferson Circuit Court to allow Cincinnati to amend its complaint in a pending action to specifically request punitive damages in accordance with Ala.Code 1975, § 6-5-410, the wrongful death statute, with any portion of a recovery in excess of Cincinnati's subrogation interest to be held in trust for Edna H. Bushnell, the sole...

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