Bowers v. BBH SBMC, LLC
| Docket Number | SC-2023-0216 |
| Decision Date | 01 December 2023 |
| Parties | Robert Bowers, Jr., personal representative of the Estate of Charles Lewis Evans, deceased, et al. v. BBH SBMC, LLC, d/b/a Shelby Baptist Medical Center; Albert Sterns, M.D.; Island Medical Alabama, LLC; Island Medical Perseus, LLC; Island Medical RTR, LLC; and Terry Short |
| Court | Alabama Supreme Court |
1
Robert Bowers, Jr., personal representative of the Estate of Charles Lewis Evans, deceased, et al.
v.
BBH SBMC, LLC, d/b/a Shelby Baptist Medical Center; Albert Sterns, M.D.; Island Medical Alabama, LLC; Island Medical Perseus, LLC; Island Medical RTR, LLC; and Terry Short
No. SC-2023-0216
Supreme Court of Alabama
December 1, 2023
Appeal from the Shelby Circuit Court (CV-16-000192).
COOK, Justice.
This appeal primarily concerns an attorney's authority to settle wrongful-death claims. Robert Bowers, Jr., the personal representative of the estate of Charles Lewis Evans, deceased, challenges the summary judgment entered by the Shelby Circuit Court ("the trial court") in favor of Terry Short; BBH SBMC, LLC, d/b/a Shelby Baptist Medical Center; Albert Sterns, M.D.; Island Medical Alabama, LLC; Island Medical Perseus, LLC; and Island Medical RTR, LLC ("the defendants"). The trial court concluded that the claims against them were barred by previously executed general releases. The primary issue on appeal is whether one of those previously executed releases is binding on Bowers and, thus, bars his wrongful-death claims relating to the death of Charles Evans. For the reasons discussed below, we affirm in part, reverse in part, and remand with instructions.
Facts and Procedural History
While driving his car on January 12, 2016, Short collided with a vehicle carrying Charles Evans, John Edward Evans, and Linda Claxton Evans. After the accident, Linda, Charles's sister-in-law, was transported to the University of Alabama at Birmingham Hospital ("UAB Hospital"). Charles and his brother John were taken to Shelby Baptist
Medical Center for treatment. Shelby Baptist Medical Center discharged Charles later that night.
The next morning, on January 13, 2016, Charles collapsed at his home and was transported by emergency medical personnel to UAB Hospital. Around 4:35 p.m. that day, Nicholas Vocino, an attorney for the Slocumb Law Firm, LLC, ("the Slocumb firm") filed a complaint in the Chilton Circuit Court on behalf of John, as next friend of Charles, against Baptist Health System, Inc., and various fictitiously named defendants.[1]That complaint asserted a medical-malpractice claim under the Alabama Medical Liability Act, Ala. Code 1975, § 6-5-480 et seq., and § 6-5-540 et seq., as well as claims of negligence, wantonness, and recklessness.[2]
At around 8:00 p.m. that night, Charles died at UAB Hospital. According to affidavits, Charles had four siblings and heirs at the time of his death: John, Brenda Saylor, Stella Luna, and Doris Kornegay.
On January 14, 2016, Vocino sent a letter to National General Insurance Company ("National General"), Short's insurer, which read, in pertinent part:
"I represent John, Linda and Charles Evans for injuries they received in an accident which occurred on January 12, 2016. According to our investigation, your insured was at-fault in causing said accident and injuries. Please direct all future correspondence to my attention. You may contact my clients directly to resolve the property damage claim, conditioned upon any conversations with my clients being limited to the property damages alone with no inquiry of any sort concerning my client's injuries."
(Emphasis added.)[3]
The letter also "advised that any and all medical release(s) which may have previously been signed by [John, Linda, or Charles] are hereby withdrawn, revoked, or rescinded. Moreover, if my clients have provided any statements, whether oral or written, please provide my office with a transcribed copy of the same."
On February 1, 2016, Robin Lecin, an insurance adjuster for National General, sent Vocino a letter that stated, in pertinent part:
"Thank you for taking the time to speak with me today.
"Mr. Short has bodily injury policy limits of $25,000 per person and $50,000 per accident. We are offering the policy limits of $50,000 to your three clients.
"Please send me documentation of John Evans and Linda Evans'[s] injuries and a copy of Charles Evan[s's] death certificate. I will also need their social security numbers."
The letter from Lecin to Vocino listed "John Evans, Linda Evans and [t]he Estate of Charles Evans" as "Your Clients." Then, on February 18, 2016, National General issued two checks: one to "Linda Evans and her attorney Slocumb Law Firm LLC" for $20,000 and one to "John Edward Evans and his attorney Slocumb Law Firm LLC" for $15,000. National General also sent two documents entitled "RELEASE OF ALL CLAIMS" for John and Linda to sign.
The claims relating to Charles proved more difficult to resolve. According to Lecin, "[t]he Slocumb Law Firm represented [that] an administrator must [first] be appointed, and [that] the Slocumb Firm could then finalize the settlement with the administrator." On March 15, 2016, Vocino, on behalf of John, filed a petition in the Chilton Probate Court asking that letters of administration for Charles's estate be issued to a county administrator. The probate court appointed Bowers, a county administrator, as the personal representative of Charles's estate.
Also on March 15, 2016, Vocino, on behalf of John, as next friend of Charles, filed a suggestion of Charles's death in the action pending in the Chilton Circuit Court and moved to substitute Bowers, as the personal representative of Charles's estate, as the plaintiff in the action. The Chilton Circuit Court granted that motion.[4]
Two days later, on March 17, 2016, Vocino sent Lecin a letter that read: "I have attached the estate documentation we discussed." The letter from Vocino listed "Charles Evans," rather than the "Estate of Charles Evans" or Bowers, as "Our Client." Attached to the letter was the Chilton Probate Court's order granting letters of administration to Bowers. Lecin later confirmed that "the Slocumb Law Firm [had] provided evidence of [Bowers's] appointment on or about March 17, 2016."
On March 22, 2016, National General issued a third check in the amount of $15,000 to "Robert L. Bowers Jr. Attorney Administrator for the Estate of Charles Lewis Evans Jr. and Slocumb Law Firm LLC" and
a document entitled "RELEASE OF ALL CLAIMS" relating to Charles. Although Bowers's name appears on the back of the check issued by National General, Bowers testified in his affidavit that he did not endorse the check. Bowers also stated that he did not "give anyone permission to endorse [his] name to that check" and that he has "not received any proceeds into the Estate of Charles Evans from the check."
On May 11, 2016, James R. Moncus, an attorney with Hare, Wynn, Newell &Newton, LLP, filed a notice of appearance for Bowers in the action pending in the Chilton Circuit Court. Later that day, the Chilton Circuit Court transferred the case to the trial court.
On September 6, 2016, John and Linda signed the releases sent by National General. The releases regarding John's and Linda's individual claims provided, in relevant part:
"John [and Linda] Evans, being of lawful age, for the sole consideration of fifteen thousand and 00/100 Dollars ($15,000) to [John] [and $20,000 to Linda] ... do/does hereby ... release, acquit and forever discharge Terry Short, Integon National Insurance Company,[5] . and all other persons, firms, corporations, associations or partnerships of and from any and all claims of actions, demands, rights, damages, costs, loss of service, expenses, and compensation whatsoever, which the undersigned now has[] or may hereafter accrue on
account of or in any way growing out of any and all known and unknown, foreseen and unforeseen bodily and personal injuries and the consequences thereof resulting or to result from the accident, casualty or event which occurred on or about 01/12/2016, at or near Maplesville AL."
John, however, also signed a second release on behalf of "the Estate of Charles Evans, Jr." That is, both Charles's and John's names are listed on the signature line of that release, and the notary certified that John had "executed the foregoing Release, ... acknowledging] to [her] that Charles Voluntarily executed the same." That release purportedly discharged all of the claims relating to Charles against Short, National General, and "all other persons, firms, corporations, associations or partnerships" in exchange for $15,000.
On September 28, 2016, Moncus filed an amended complaint on behalf of John, as next friend of Charles, and Bowers, as personal representative of Charles's estate, in the trial court. The amended complaint corrected the designation of "Baptist Health System, Inc." to "BBH SBMC, LLC, d/b/a/ Shelby Baptist Medical Center." The amended complaint also added Albert Sterns, M.D., as an additional defendant and included more detailed allegations in support of the medical-malpractice claims. Only Moncus was listed as "Of Counsel" on the amended
complaint. Then, on November 27, 2017, a second amended complaint was filed in the trial court. The second amended complaint asserted a wrongful-death claim based on medical malpractice against BBH SBMC, LLC; Island Medical Alabama, LLC; Island Medical Perseus, LLC; Island Medical RTR, LLC; and Dr. Sterns ("the malpractice defendants"). The second amended complaint also named Short as a defendant and asserted a wrongful-death claim based on negligence and wantonness against him. Finally, it added as plaintiffs John and Linda, in their individual capacities. John and Linda asserted claims of negligence and wantonness against Short and sought damages from Short for "personal injuries sustained in the automobile collision caused by ... Short." Both Moncus and Vocino were listed as "Of Counsel" on the second amended complaint, which -- as noted above -- asserted new claims on behalf of John and Linda in addition to the claims relating to Charles.[6]
Approximately seven months later, in July...
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