The Alabama Supreme Court issued its weekly release list on Friday, November 7, which included one opinion of interest to the Alabama business community:
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Ex parte Steven M. Taylor, M.D. - A patient sued her doctor and alleged that he left a sponge in her wound after surgery. But it soon became apparent that the doctor had not performed any surgery on the alleged date. The doctor therefore argued that the patient had failed to plead dates with particularity and timely amend her complaint as required by the Alabama Medical Liability Act. The patient nonetheless continued to litigate for several more years before amending. The Supreme Court directed the trial court to strike the amended complaint. The patient’s repeated failures to amend under the unique circumstances of the case amounted to “truly inordinate and unexplained delay,” excusing any need for the doctor to show prejudice. The trial court therefore exceeded its discretion by denying the doctor’s motion to strike.
Also of note, this morning Governor Ivey appointed Will Parker to fill the seat of former Justice Bill Lewis, who has been appointed to the U.S. District Court for the Middle District of Alabama. Justice Parker has served in Governor Ivey’s legal office for several years, including as General Counsel for the last few. He was a long-time veteran of the Attorney General’s Office and, before that, was a clerk to Eleventh Circuit Judge Ed Carnes.
