Supreme Court of Alabama

Frank Gillis, M.d. v. Joey Frazier, as Executor of the Estate of Florine Bryant, Deceased

August 1, 20142014 Ala. LEXIS 104

Summary

The court affirmed the denial of Dr. Gillis's Rule 60(b) motion because he failed to establish extraordinary circumstances warranting relief based on alleged undisclosed juror bias. In the separate appeal, the court reversed and remanded for a new punitive-damages review, holding that a speculative bad-faith or failure-to-settle claim against the physician's insurer could not be counted as an asset and that the physician's wife's share of jointly owned assets must be excluded. The court declined to revive the medical-malpractice damages cap previously held unconstitutional.