ELLIS v. HILBURN

1951094.

688 So.2d 236 (1997)

C. Neal ELLIS, M.D. v. Shirley Ruth HILBURN.

Supreme Court of Alabama.

January 10, 1997.


Attorney(s) appearing for the Case

Randal H. Sellers and M. Christopher Eagan of Starnes & Atchison, Birmingham, for Appellant.

Duncan E. Radsdale, Memphis, TN, and Doug Key, Birmingham, for Appellee.


SHORES, Justice.

This case involves the doctrines of relation back and ratification relative to a medical malpractice action based on the alleged wrongful death of Huston O. Hilburn, husband of the plaintiff, Shirley Ruth Hilburn. We affirm the trial court's interlocutory order holding that the wrongful death complaint, filed by Mrs. Hilburn before she was appointed administratrix of her husband's estate, and while she was purporting to act not as administratrix but...

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