Relying on a Different Product to Prove an AEMLD Claim
In making an AEMLD claim, a party cannot use a different product altogether to show a safer, practical, alternative design to the product in question.
In making an AEMLD claim, a party cannot use a different product altogether to show a safer, practical, alternative design to the product in question.
The Alabama Supreme Court held that the personal representative of an estate who had been discharged and released as the estate representative prior to filing a wrongful death action, was without capacity to file the wrongful death action, and its filing was a nullity.
Where someone other than the personal representative of an estate brings a wrongful death action, the suit is a nullity that cannot be remedied by substituting the personal representative as the plaintiff.
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