Supreme Court of Alabama

Noland Hospital Dothan Ii, LLC v. Karren Hughes, as of the Estate of Thomas Doster Karren Hughes, as of the Estate…

October 27, 2017252 So. 3d 1075

Summary

Justice Murdock dissented from the Court’s affirmation of the wrongful‑death judgment, arguing that the hearsay statements admitted at trial did not satisfy the excited‑utterance or party‑opponent exceptions. He also concurred only in the dismissal of the cross‑appeal, finding the alternative ground and the reliance on evidence not presented to the jury improper and the cross‑appeal moot.