Ex parte Brookwood Health Services, Inc.

Summary

The Alabama Supreme Court granted Brookwood Health Services, Inc.'s petition for a writ of mandamus and directed the trial court to dismiss Rita Kay's action. The court held that the amended complaint naming Brookwood Health Services, Inc. did not relate back under Rule 15(c)(3), because the record did not show that the entity received notice of the original action within the required 120-day period. As a result, the amended complaint was barred by Alabama's two-year medical-liability statute of limitations.

Holdings

1. Mandamus is an appropriate means to review an order denying a motion to dismiss when a defendant was added after the statute of limitations expired and the issue is whether the amended complaint relates back under Rule 15(c)(3).
2. An amended complaint changing or adding a defendant does not relate back under Rule 15(c)(3) unless the claim arises from the same conduct or occurrence and, within the applicable limitations period or 120 days after commencement of the action, whichever is later, the added party received notice sufficient to avoid prejudice and knew or should have known that the action would have been brought against it but for a mistake concerning the proper party's identity.
3. Because the amended complaint did not relate back to the original complaint, the claims against Brookwood Health Services, Inc., filed after the two-year limitations period, were barred by Alabama Code section 6-5-482(a).

Questions Presented

1. Whether mandamus was an appropriate remedy to review the denial of Brookwood Health Services, Inc.'s motion to dismiss based on the statute of limitations and Rule 15(c)(3) relation back.
2. Whether Kay's amended complaint naming Brookwood Health Services, Inc., related back to the original complaint under Rule 15(c)(3).
3. Whether the amended complaint against Brookwood Health Services, Inc., was barred by Alabama's two-year medical-liability statute of limitations.

Disposition

writ_granted