Ziade v. Koch

Summary

The Alabama Supreme Court affirmed summary judgment for physicians and a medical practice in a wrongful-death action involving the intrauterine death of a viable fetus. The court held that the defendants showed good cause to amend their answer to assert the statute of limitations and that the two-year limitations period runs from the actual date of death, not the date of delivery. Because the uncontroverted expert evidence established that the fetus died more than two years before the action was filed, the claims were time-barred.

Holdings

1. The trial court properly allowed the defendants to amend their answer because the defendants demonstrated good cause and the plaintiffs failed to show the type of actual prejudice required to deny amendment.
2. For a wrongful-death action involving a viable fetus, the two-year limitations period begins on the date the fetus actually died, including an intrauterine death, rather than on the later date of delivery.
3. Summary judgment for the defendants was proper because the undisputed expert evidence established that the fetus died more than two years before the action was filed.

Questions Presented

1. Whether the trial court properly allowed the defendants to amend their answer less than 42 days before trial to assert the statute of limitations.
2. Whether the two-year limitations period for the wrongful-death action began on the date of intrauterine death or on the date of delivery.
3. Whether summary judgment was proper where the plaintiffs' expert testimony established that the fetus died outside the two-year limitations period.

Disposition

affirmed