[LeafItAlone]

I'm honestly not sure if you are being intentionally obtuse or you just haven't read the opinion.

> Each set of plaintiffs asserted claims under Alabama's Wrongful Death of a Minor Act, § 6-5- 391. In the alternative, each set of plaintiffs asserted common-law claims of negligence (in the LePages and Fondes' case) or negligence and wantonness (in the Aysennes' case), for which they sought compensatory damages, including damages for mental anguish and emotional distress.

(page 5)

Note: "In the alternative"

There were two claims:

1. They claim coverage by the Wrongful Death of a Minor Act.

2. They provide an alternative, so that if the Wrongful Death of a Minor Act does _not_ apply, they claim negligence.

These are two separate claims. The ruling states that since Claim 1 does apply (frozen embryos do fall under the Wrongful Death of a Minor Act), then Claim 2 is no longer relevant, because it was only relevant if Claim 1 did not apply. Therefore Claim 2, is dismissed, upholding the lower court's decision _on that claim_ (but not the full case).

[sph87]

Right, but by upholding that there was no negligence in the alternative case they prevent the conditions in Wrongful Death of a Minor from being met. There is nothing left to argue.

Are you suggesting the lower court now over rules the upper court and say there was negligence? The upper court has already said there wasn’t. Just because it was settled in a side branch doesn’t reverse the decision or leave it up for discussion.

[LeafItAlone]

I now believe that you just don't understand how the courts work.