Nelson v. Estate of Frederick

855 So. 2d 1043, 2003 Ala. LEXIS 56, 2003 WL 375003
CourtSupreme Court of Alabama
DecidedFebruary 21, 2003
Docket1012107
StatusPublished
Cited by3 cases

This text of 855 So. 2d 1043 (Nelson v. Estate of Frederick) 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
Nelson v. Estate of Frederick, 855 So. 2d 1043, 2003 Ala. LEXIS 56, 2003 WL 375003 (Ala. 2003).

Opinion

STUART, Justice.

The appellant Troy Nelson appeals the circuit court’s summary judgment entered in favor of the estate of Burton J. Frederick and the court’s failure to appoint an administrator ad litem for Frederick’s estate. The court entered a summary judgment for Frederick’s estate on the ground that when the limitations period on Nelson’s cause of action expired, which the trial court held was six months after Frederick’s death, no valid action was pending. Nelson asserts that the circuit court erred in entering the summary judgment because, he argues, a valid action was filed before the statute of limitations ran; he further asserts that the court erred in failing to appoint an administrator ad li-tem. We agree.

Facts

Nelson and Frederick were involved in an automobile accident on March 1, 2000. On March 13, 2001, Frederick died from causes unrelated to the accident. On March 1, 2002, Nelson sued Frederick, seeking damages for personal injuries arising out of the accident. An answer was filed on behalf of Frederick on March 29, 2002, denying the essential allegations of the complaint and asserting numerous defenses, including that Nelson’s complaint failed to state a claim upon which relief could be granted and that the complaint was filed more than six months after Frederick’s death, which the estate argued was beyond the statutory limitations period.

On April 19, 2002, Frederick’s estate filed a motion to dismiss the action, based upon Frederick’s death on March 13, 2001. The motion to dismiss asserted that because Frederick had died approximately a year before the action was filed Nelson did not have a valid claim before the court. On May 14, 2002, Nelson’s workers’ compensation carrier filed a motion to intervene because, as Nelson’s workers’ compensation carrier, it had paid medical benefits to Nelson. The trial court granted the motion.

Nelson responded to the motion to dismiss on June 17, 2002, and requested leave of court to amend his complaint to name the administrator of Frederick’s estate as the defendant or, if there was no administrator, requested the court to appoint an administrator ad litem. Oral argument on the motion to dismiss was held on June 18, 2002. On the same day the court issued an order treating the motion to dismiss as a motion for a summary judgment because it presented matters outside of the pleadings, specifically Frederick’s death certificate. The court found that because Frederick had died before Nelson filed his action no valid action was pending at the time the statutory limitations period expired. The court entered a [1046]*1046summary judgment in favor of Frederick’s estate.

Nelson appealed to this Court on August 12, 2002, and on August 22, 2002, petitioned the probate court to appoint an administrator for Frederick’s estate. On August 29, 2002, the circuit court appointed an administrator ad litem, based upon a motion filed by Nelson’s workers’ compensation carrier, and found that the carrier had a valid claim against Frederick’s estate. On September 11, 2002, because all claims had not been adjudicated below, we remanded the case for the circuit court either to certify its judgment as final in accordance with Rule 54(b), Ala.R.Civ.P., or to take no action, in which event the appeal would be dismissed.

On September 13, 2002, the court revised its June 18, 2002, summary-judgment order and certified it as final pursuant to Rule 54(b). This ruling disposed of all issues between Nelson and Frederick’s estate. However, the workers’ compensation carrier’s claim remained and the proceedings on that claim were stayed pending the outcome of Nelson’s appeal to this Court. On September 18, 2002, the court amended its August 29, 2002, order, again finding that the carrier had a valid claim against Frederick’s estate and appointing an administrator ad litem to represent Frederick’s interest.

Standard of Review

This Court reviews a summary judgment de novo. Walker v. City of Montgomery, 833 So.2d 40 (Ala.2002). We review the same evidence the trial court considered in determining whether there is a genuine issue of material fact and whether the movant is entitled to a judgment as a matter of law. Id. Rule 56, Ala.R.Civ.P. We must also review the evidence in the light most favorable to the nonmovant and must resolve all reasonable doubts against the movant. Walker, 833 So.2d at 43; Wilma Corp. v. Fleming Foods of Alabama, Inc., 613 So.2d 359 (Ala.1993); Hanners v. Balfour Guthrie, Inc., 564 So.2d 412 (Ala.1990); see also Winston County School Bd. v. Haleyville City School Bd., 738 So.2d 886, 889 (Ala.1999).

The movant has the burden of showing material facts that entitle it to a judgment as a matter of law. Pryor v. Brown & Root USA, Inc., 674 So.2d 45, 47 (Ala.1996). Once the movant meets that burden, the burden shifts to the nonmov-ant to present substantial evidence creating a genuine issue of material fact. Id. “ ‘Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.’ ” Lee v. Burdette, 715 So.2d 804, 806 (Ala.Civ.App.1998) (quoting West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989)).

Issues and Analysis

Nelson raises two main issues. The first issue is whether the circuit court erred in entering the summary judgment in favor of Frederick’s estate. This broad issue encompasses two subissues — whether the court erred in finding that there was no valid pending action at the time the statutory limitations period expired because Frederick had died before Nelson filed his claim and whether the court erred in converting Frederick’s motion to dismiss into a motion for a summary judgment. The second main issue raised by Nelson is whether the circuit court erred in failing to appoint an administrator for Frederick’s estate.

We conclude that Nelson’s claim was valid when it was filed and that the statutory limitations period on Nelson’s cause of action did not expire until September 1, [1047]*10472002. We also conclude that the circuit court erred in failing to appoint an administrator ad litem upon Nelson’s request in his opposition to the defendant’s motion to dismiss. Therefore, the circuit court erred in entering a summary judgment in favor of Frederick’s estate.

1. Whether there was a valid action pending on the date the statute of limitations expired, thus justifying summary judgment against Nelson.

The statute of limitations for personal-injury actions is two years. § 6-2-38(Z), Ala.Code 1975. A cause of action accrues when a party suffers an injury or loss or damage entitling him or her to maintain an action. Jones v. Blanton, 644 So.2d 882, 887 (Ala.1994). Personal-injury claims upon which no action has been filed survive against the personal representative of a deceased tortfeasor, so long as the claim is not of an equitable nature. § 6-5-462, Ala.Code 1975; Standard Accident Ins. Co. v. Whitset, 270 Ala. 334, 118 So.2d 922, 923 (1960).

When a tortfeasor dies, the time between his death and the granting of letters of administration, not to exceed six months, is not to be used in computing the statutory period of limitations by or against the executor or administrator. § 6-2-14, Ala.Code 1975.

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Bluebook (online)
855 So. 2d 1043, 2003 Ala. LEXIS 56, 2003 WL 375003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelson-v-estate-of-frederick-ala-2003.