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 action against an employee when the indemnity claim is based on the employee's alleged medical malpractice that caused the underlying patient's injury. Because the alleged malpractice occurred in January 2010 and Benchmark filed its indemnity action in February 2014, the action was time-barred, requiring reversal of the summary judgment for Benchmark 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 limitations period.