Ex parte David Murl Spalding, M.D.; Vanessa Kay Hill, CRNP; and University of Alabama Health Services Foundation, P.C. PETITION FOR WRIT OF MANDAMUS (In re: Arlene Morgan and Daniel Morgan v. Maynor & Mitchell Eye Center, P.C.; Jennifer B. Martin, O.D.; University of Alabama Health Services Foundation, P.C. ; David Murl Spalding, M.D.; and Vanessa Kay Hill, CRNP) (Madison Circuit Court: CV-24-901651).

CourtSupreme Court of Alabama
DecidedAugust 29, 2025
DocketSC-2025-0275
StatusPublished

This text of Ex parte David Murl Spalding, M.D.; Vanessa Kay Hill, CRNP; and University of Alabama Health Services Foundation, P.C. PETITION FOR WRIT OF MANDAMUS (In re: Arlene Morgan and Daniel Morgan v. Maynor & Mitchell Eye Center, P.C.; Jennifer B. Martin, O.D.; University of Alabama Health Services Foundation, P.C. ; David Murl Spalding, M.D.; and Vanessa Kay Hill, CRNP) (Madison Circuit Court: CV-24-901651). (Ex parte David Murl Spalding, M.D.; Vanessa Kay Hill, CRNP; and University of Alabama Health Services Foundation, P.C. PETITION FOR WRIT OF MANDAMUS (In re: Arlene Morgan and Daniel Morgan v. Maynor & Mitchell Eye Center, P.C.; Jennifer B. Martin, O.D.; University of Alabama Health Services Foundation, P.C. ; David Murl Spalding, M.D.; and Vanessa Kay Hill, CRNP) (Madison Circuit Court: CV-24-901651).) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex parte David Murl Spalding, M.D.; Vanessa Kay Hill, CRNP; and University of Alabama Health Services Foundation, P.C. PETITION FOR WRIT OF MANDAMUS (In re: Arlene Morgan and Daniel Morgan v. Maynor & Mitchell Eye Center, P.C.; Jennifer B. Martin, O.D.; University of Alabama Health Services Foundation, P.C. ; David Murl Spalding, M.D.; and Vanessa Kay Hill, CRNP) (Madison Circuit Court: CV-24-901651)., (Ala. 2025).

Opinion

Rel: August 29, 2025

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.

SUPREME COURT OF ALABAMA SPECIAL TERM, 2025

_________________________

SC-2025-0275 _________________________

Ex parte David Murl Spalding, M.D.; Vanessa Kay Hill, CRNP; and University of Alabama Health Services Foundation, P.C.

PETITION FOR WRIT OF MANDAMUS

(In re: Arlene Morgan and Daniel Morgan

v.

Maynor & Mitchell Eye Center, P.C.; Jennifer B. Martin, O.D.; University of Alabama Health Services Foundation, P.C.; David Murl Spalding, M.D.; and Vanessa Kay Hill, CRNP)

(Madison Circuit Court: CV-24-901651) SC-2025-0275 and SC-2025-0283

SC-2025-0283 _________________________

Ex parte Maynor & Mitchell Eye Center, P.C., and Jennifer B. Martin, O.D.

Maynor & Mitchell Eye Center, P.C.; Jennifer B. Martin, O.D.; University of Alabama Health Services Foundation, P.C.; David Murl Spalding, M.D.; and Vanessa Kay Hill, CRNP)

(Madison Circuit Court: CV-24-901651)

SELLERS, Justice.

These consolidated petitions for the writ of mandamus involve an

action commenced by Arlene Morgan and her husband Daniel Morgan,

alleging medical malpractice against various health-care providers. In

case no. SC-2025-0275, University of Alabama Health Services

Foundation, P.C. ("the Foundation"), David Murl Spalding, M.D., and

Vanessa Kay Hill, CRNP (collectively referred to as "the Foundation

defendants"), petition this Court for a writ of mandamus directing the

2 SC-2025-0275 and SC-2025-0283

Madison Circuit Court to dismiss the claims asserted against them by

the Morgans, based on the application of the limitations period or the

period of repose set forth in § 6-5-482(a), Ala. Code 1975. In case no. SC-

2025-0283, Maynor & Mitchell Eye Center, P.C. ("the Eye Center"), and

Jennifer B. Martin, O.D. (collectively referred to as "the Eye Center

defendants"), petition this Court for a writ of mandamus seeking the

same relief as the Foundation defendants.1 For the reasons explained

below, we grant the petitions and issue the writs.

I. Facts

On October 22, 2024, the Morgans commenced the underlying

action against the defendants. In that action, Arlene asserted medical-

malpractice claims against the defendants pursuant to the Alabama

Medical Liability Act ("the AMLA"), § 6-5-480 et seq. and § 6-5-540 et

seq., Ala. Code 1975, and Daniel asserted a claim of loss of consortium.

The gravamen of the complaint is (1) that Arlene was prescribed

1According to the complaint, the Foundation employs Dr. Spalding

and Hill and is, therefore, allegedly vicariously liable for the acts and/or omissions of those health-care providers. And, the Eye Center is Dr. Martin's practice group and is, therefore, allegedly vicariously liable for her acts or omissions.

3 SC-2025-0275 and SC-2025-0283

Plaquenil, a drug that poses a risk of retinopathy or damage to the retina,

which can lead to severe and permanent vision loss if timely cessation of

use of the drug does not occur, and (2) that the defendants were negligent

and wanton by failing to properly screen her for retinopathy while

prescribing Plaquenil, by ignoring her medical history and symptoms,

and by permitting her to remain on the drug, thus causing her to suffer

permanent vision loss. The Foundation defendants and the Eye Center

defendants filed separate motions to dismiss, arguing that the Morgans'

action was barred by the limitations period and/or the period of repose

set forth in § 6-5-482(a), which is part of the AMLA. 2 The trial court

2The Morgans filed a first amended complaint that included as exhibits medical literature regarding Plaquenil, as well a discussion of that literature in the complaint; the trial court did not exclude those exhibits. Because the medical literature is central to the Morgans' complaint and is referred to in the complaint, the motions to dismiss in this case are not treated as motions for a summary judgment, pursuant to Rule 56(c), Ala. R. Civ. P. See Donoghue v. American Nat'l Ins. Co., 838 So. 2d 1032 (Ala. 2002) (noting that, if an exhibit is central to and referred to in the complaint, its consideration does not convert a motion to dismiss into a motion for a summary judgment). The Morgans also filed a second amended complaint to substitute the Foundation for a previously named defendant, UAB Medicine Enterprise, which had been dismissed as an improper defendant. Because neither the first amended complaint nor the second amended complaint altered the material facts and allegations of the original complaint, the motions to dismiss were not moot. See Meadows v. Shaver, 327 So. 3d 213, 222 (Ala. 2020) (holding that an amendment of a pleading moots an opponent's pending motion 4 SC-2025-0275 and SC-2025-0283

entered separate orders denying the motions to dismiss. These

mandamus petitions followed, and this Court consolidated the petitions.

II. Standard of Review

"A writ of mandamus is an extraordinary remedy available only when the petitioner can demonstrate: ' "(1) a clear legal right to the order sought; (2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; (3) the lack of another adequate remedy; and (4) the properly invoked jurisdiction of the court." ' Ex parte Nall, 879 So. 2d 541, 543 (Ala. 2003) (quoting Ex parte BOC Grp., Inc., 823 So. 2d 1270, 1272 (Ala. 2001))."

Ex parte Alabama Dep't of Corr., 252 So. 3d 635, 636 (Ala. 2017).

The Foundation defendants and the Eye Center defendants seek

mandamus review of the orders denying of their motions to dismiss,

which were filed pursuant to Rule 12(b)(6), Ala. R. Civ. P. " The general

rule is that, subject to certain narrow exceptions, the denial of a motion

to dismiss is not reviewable by petition for a writ of mandamus." Ex parte

Brown, 331 So. 3d 79, 81 (Ala. 2021). However, this Court has permitted

mandamus review of a trial court's order denying a motion to dismiss

when it was clear from the face of a complaint that the claims asserted

therein were barred by the limitations period or the period of repose set

only to the extent that the substance of the amendment moots the substance of the motion). 5 SC-2025-0275 and SC-2025-0283

forth in § 6-5-482(a). See Ex parte Hodge, 153 So. 3d 734 (Ala. 2014)

(permitting mandamus review of a trial court's order denying a motion to

dismiss when it was clear from the face the complaint that the plaintiff’s

medical-malpractice claim was barred by the four-year period of repose

set forth in § 6-5-482(a)).

Regarding Rule 12(b)(6) dismissals, this Court has stated:

"On appeal, a dismissal is not entitled to a presumption of correctness.

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Ex parte David Murl Spalding, M.D.; Vanessa Kay Hill, CRNP; and University of Alabama Health Services Foundation, P.C. PETITION FOR WRIT OF MANDAMUS (In re: Arlene Morgan and Daniel Morgan v. Maynor & Mitchell Eye Center, P.C.; Jennifer B. Martin, O.D.; University of Alabama Health Services Foundation, P.C. ; David Murl Spalding, M.D.; and Vanessa Kay Hill, CRNP) (Madison Circuit Court: CV-24-901651)., Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-david-murl-spalding-md-vanessa-kay-hill-crnp-and-university-ala-2025.