Charles A. Wood, M.d. v. Ann Wayman, Surviving Spouse of Charles R. Wayman, Deceased

Summary

The Alabama Supreme Court reversed the trial court and remanded, holding that a personal representative appointed after the two‑year wrongful‑death limitations period cannot relate back to the filing date of the action under Ala. Code § 43‑2‑831, so the action is barred. The Court reasoned that a wrongful‑death suit is not brought for the benefit of the estate and therefore the relation‑back provision does not apply. Justice Murdoch dissented, arguing that the relation‑back doctrine should apply to the decedent’s death date.