Flippo v. Pope

Summary

The Alabama Supreme Court held that res judicata did not bar an adult plaintiff’s later action for injuries sustained during her minority when the earlier action, filed by her next friend, was dismissed after she reached majority without evidence that she had ratified its continued prosecution. The court concluded that the next friend’s authority expired upon the plaintiff’s attainment of majority and affirmed the denial of the defendants’ summary-judgment motions.

Holdings

1. Although the authority of a next friend expires when the minor attains the age of majority, the minor's attainment of majority does not abate the action so long as the former minor elects to proceed with it.
2. The dismissal with prejudice of the first action was not binding on Pope because the record contained no basis to infer that, after reaching majority, she ratified or elected to continue the action prosecuted by her father.
3. Res judicata did not bar Pope's 1999 action because there was no former adjudication binding upon her.

Questions Presented

1. Whether res judicata bars an adult plaintiff's action for injuries sustained during her minority when an earlier action concerning the same incident was filed on her behalf by a next friend and dismissed for failure to prosecute after she reached majority.
2. Whether a minor's action filed by a next friend continues to bind the former minor after majority absent evidence that the former minor elected to proceed with or ratified the action.

Disposition

affirmed