Ex Parte Kristopher Vanderwall. (in Re M.c. v. Tallassee Rehabilitation, P.c., and Kristopher Vanderwall) Kristopher…

Summary

The Alabama Supreme Court dismissed Vanderwall’s appeal because the trial court’s partial summary judgment was not a final judgment under Rule 54(b), and denied his petition for a writ of mandamus, holding that the Alabama Medical Liability Act does not apply to his alleged sexual assault, so the discovery order stands. Justice Shaw concurred in dismissing the appeal but dissented from denying the mandamus, arguing the AMLA should apply and the court should follow Mock; Justice Murdock concurred specially, supporting the majority’s overruling of Mock.