Ex Parte Bio-Medical Applications of Alabama, Inc., D/b/a Bma Magnolia A/k/a Fresenius Medical Care Magnolia Grove…

Summary

The court granted mandamus and directed summary judgment for the defendants because a wrongful-death complaint filed by someone other than the appointed personal representative was a nullity, and the personal representative could not later be substituted as plaintiff. The court further held that the probate statute authorizing a personal representative to employ agents for acts of administration did not authorize an agent to file a wrongful-death action, because such an action is distinct from estate administration. Justice Murdock, dissenting, agreed that the agency statute did not authorize delegation but disagreed that the complaint should be treated as a nullity; Justice Bryan, dissenting, stated that he respectfully disagreed.