Ex Parte Mobile Infirmary Association D/B/A Mobile Infirmary Medical Center (In Re: Ernest Shaw, as Administrator of…

Summary

The Alabama Supreme Court granted Mobile Infirmary’s petition for mandamus, holding that the plaintiff’s amendment filed after the two‑year wrongful‑death limitations period did not relate back because the plaintiff failed to act with due diligence in identifying the fictitiously named defendant, and therefore the claim is barred. The Court also rejected the plaintiff’s unclean‑hands argument.