Hamilton v. ScottAnnotate this Case
Amy Hamilton, individually and on behalf of her stillborn son, sued Dr. John Blakely Isbell, Dr. Steven Coulter, Dr. Warren Scott, and the Isbell Medical Group (IMG), as well as several fictitiously named defendants, claiming that their negligent and wanton acts had wrongfully caused the death of her son and also caused her to suffer emotional distress. The DeKalb Circuit Court entered a summary judgment in favor of the defendants, holding that a wrongful-death action could not be maintained for the death of an unborn child who died before he was viable. The trial court also held that Hamilton was not in the "zone of danger" and, thus, could not recover damages for emotional distress. Upon review, the Supreme Court reversed in part, and affirmed in part. The Court found that in applying "Mack v. Carmack," ([Ms. 1091040, Sept. 9, 2011] _So. 3d_ (Ala. 2011)), the Court concluded that summary judgment, insofar as it held that damages for the wrongful death of a previable unborn child were not recoverable "must be reversed" for reconsideration of the defendants' summary-judgment motions.