G Cite
cited 3× by 3 distinct cases, 2018–2024 · 2 courts ·
…a 'personal representative,' for the purposes of 6-5-410, is an executor or an administrator.
at p. 982
✓
cited 3× by 2 distinct cases, last quoted 2009 ·
…a wrongful death action is purely statutory; no such action existed at common law.
at p. 982
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Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997
2011
2026
Top citers, strongest first. 17 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
Hodge v. City of Dothan (MAG+)
(2×)
also: Cited as authority (rule)
one who sues under this section without having been appointed executor or administrator does not qualify under this section as its personal representative, and the suit is a nullity.
discussed
Cited as authority (verbatim quote)
Washam-Buford v. City of Prichard, Alabama
one who sues under this section without having been appointed executor or administrator does not qualify under this section as its personal representative, and the suit is a nullity.
discussed
Cited as authority (quoted)
Goldstein v. Cont'l Motors, Inc. (In re Cont'l Motors, Inc.)
a 'personal representative,' for the purposes of 6-5-410, is an executor or an administrator.
discussed
Cited as authority (quoted)
Goldstein v. Cont'l Motors, Inc. (In re Cont'l Motors, Inc.)
a 'personal representative,' for the purposes of 6-5-410, is an executor or an administrator.
discussed
Cited as authority (rule)
Lopez v. Vega
Thompson, United States District Judge for the United States District Court for the Middle District of Alabama in James, under the Alabama wrongful death act, “a ‘personal representative’ is defined as the executor or executrix of the decedent’s will or the administrator or administratrix of an intestate’s estate.” James, 966 F. Supp. at 1116 (quoting Waters v. Hipp, 600 So.2d 981, 982 (Ala. 1992)).
cited
Cited as authority (rule)
McCants v. United States
Waters v. Hipp, 600 So. 2d 981, 982 (Ala. 1992).
discussed
Cited as authority (rule)
Ex parte Bio-Medical Applications of Alabama, Inc.
(2×)
also: Cited "see, e.g."
We agreed, explaining: “In Waters v. Hipp, 600 So.2d 981, 982 (Ala.1992), this Court explained: “ ‘A wrongful death action is purely statutory; no such action existed at common law.
examined
Cited as authority (rule)
Northstar Anesthesia of Alabama, LLC v. Noble
(5×)
also: Cited "see, e.g."
Section 6-5-410 states, in pertinent part: “(a) A personal representative may commence an action and recover such damages as the jury may assess in a court of competent jurisdiction within the State of Alabama where provided for in subsection (e), and not elsewhere, for the wrongful act, omission, or negligence of any person, persons, or corporation, his or her or their servants or agents, whereby the death of the testator or intestate was caused, provided the testator or intestate could have commenced an action for the wrongful act, omission, or negligence if it had not caused death.” (Em…
examined
Cited as authority (rule)
McElroy v. Hubbard Properties, Inc.
(3×)
also: Cited "see, e.g."
In Waters v. Hipp, 600 So.2d 981, 982 (Ala.1992), this Court explained: “A wrongful death action is purely statutory; no such action existed at common law.
discussed
Cited as authority (rule)
Moore ex rel. the Estate of A.M. v. Chilton County Board of Education
Although Section 6-5-410(a) does not define “personal representative,” the Supreme Court of Alabama has “interpreted the phrase to include ‘executors and administrators.’ ” Affinity Hosp., L.L.C. v. Williford, 21 So.3d 712, 715 (Ala.2009) (quoting Waters v. Hipp, 600 So.2d 981, 982 (Ala.1992)).
discussed
Cited as authority (rule)
Thomas Arthur Entrekin v. Internal Medicine Associates of Dothan, P.A.
Waters v. Hipp, 600 So.2d 981, 982 (Ala.1992); see also Hatas v. Partin, 278 Ala. 65 , 175 So.2d 759, 761 (1965) (“The words ‘personal representative’ ... when used in this statute ... can only mean the executor or administrator .... ”).
discussed
Cited as authority (rule)
Affinity Hospital, L.L.C. v. Williford
One who sues under this section without having been appointed executor or administrator does not qualify under this section as a personal representative, and the suit is a nullity.” Waters v. Hipp, 600 So.2d 981, 982 (Ala.1992).
discussed
Cited as authority (rule)
Henderson v. MeadWestvaco Corp.
(2×)
Analysis "A wrongful death action is purely statutory; no such action existed at common law." Waters v. Hipp, 600 So.2d 981, 982 (Ala.1992).
discussed
Cited as authority (rule)
Estate of Chism v. Eldridge (In Re Eldridge)
Ogle v. Gordon, 706 So.2d 707, 710 (Ala.1997); Ellis v. Hilburn, 688 So.2d 236, 238 (Ala.1997); Waters v. Hipp, 600 So.2d 981, 982 (Ala.1992); Holyfield v. Moates, 565 So.2d 186, 187 (Ala.1990); Brown v. Mounger, 541 So.2d 463, 464 (Ala.1989); Vest v. Dixie-Midwest Express, Inc., 537 So.2d 13, 14 (Ala.1988); Stone v. Jones, 530 So.2d 232, 235 (Ala.1988); Dennis v. Magic City Dodge, Inc., 524 So.2d 616, 618 (Ala.1988); Downtown Nursing Home, Inc. v. Pool, 375 So.2d 465, 466 (Ala.1979), cert. denied, 445 U.S. 930 , 100 S.Ct. 1318 , 63 L.Ed.2d 763 (1980); Strickland v. Mobile Towing & Wrecking Co…
cited
Cited as authority (rule)
Briarcliff Nursing Home, Inc. v. Turcotte
"A wrongful death action is purely statutory; no such action existed at common law." Waters v. Hipp, 600 So.2d 981, 982 (Ala.1992).
cited
Cited "see"
Entrekin v. INTERNAL MEDICINE ASSOCIATES OF DOTHAN
See Waters v. Hipp, 600 So.2d 981, 982 (Ala.1992).
cited
Cited "see"
James v. Three Notch Medical Center
See Waters v. Hipp, 600 So.2d 981, 982 (Ala.1992) (citing Downtown Nursing Home, Inc. v. Pool, 375 So.2d 465 (Ala.1979), cert. denied, 445 U.S. 930 , 100 S.Ct. 1318 , 63 L.Ed.2d 763 (1980)).
Retrieving the full opinion text from the archive…
Johnny H. Waters
v.
Dr. Steven Hipp and Dr. Michael J. Rosner.
v.
Dr. Steven Hipp and Dr. Michael J. Rosner.
1910078.
Supreme Court of Alabama.
Apr 24, 1992.
Julia McCain Lampkin Asam, Northport, for appellants. Robert D. Norman of Norman, Fitzpatrick, Wood, Williams Parker, Birmingham, for appellees.
Kennedy.
Cited by 22 opinions | Published
Citer courts: Supreme Court of Alabama (2)
The plaintiffs appeal from a summary judgment in favor of the defendants, Dr. Steven Hipp and Dr. Michael J. Rosner.
The plaintiffs, Johnny and Joseph Waters, filed a wrongful death action against the defendants on April 1, 1991, based on the death of Jeanne Carol Waters on April 2, 1989. The suit was filed in the names of *Page 982 the husband and child of the adult deceased instead of in the name of an executor or administrator of the estate of the deceased. No proceedings had been filed in the probate court for the appointment of an executor or an administrator. See § 6-5-410, Ala. Code 1975.
A wrongful death action is purely statutory; no such action existed at common law. Simmons v. Pulmosan Safety EquipmentCorp., 471 F. Supp. 999 (S.D.Ala. 1979). Section 6-5-410 provides that the personal representative of the deceased may bring a wrongful death action. A "personal representative," for the purposes of § 6-5-410, is an executor or an administrator.Hatas v. Partin, 278 Ala. 65, 175 So.2d 759 (1965). One who sues under this section without having been appointed executor or administrator does not qualify under this section as a personal representative, and the suit is a nullity. DowntownNursing Home, Inc. v. Pool, 375 So.2d 465 (Ala. 1979), cert. denied, 445 U.S. 930, 100 S.Ct. 1318, 63 L.Ed.2d 763 (1980).
The summary judgment of the trial court is affirmed.
AFFIRMED.
HORNSBY, C.J., and MADDOX and SHORES, JJ., concur.
HOUSTON, J., concurs in the result.