Supreme Court of Alabama
Joseph L. McNamara, Jr. v. Benchmark Insurance Company
September 8, 2017261 So. 3d 213
Summary
The court held that the Alabama Medical Liability Act's four-year repose period applies to an employer's indemnity claim against an employee when the claim is based on medical malpractice that allegedly caused a patient's injury. Because the employee's alleged medication error occurred more than four years before the indemnity action was filed, the action was time-barred, requiring reversal of the summary judgment for the insurer and remand. Justice Murdock, dissenting, would have held that the employer's indemnity claim was not an AMLA action and therefore was not subject to the AMLA repose period.