Ex parte Brookwood Health Services, Inc.
Brookwood Baptist Health LLC - Brookwood Baptist Health Services In re: Rita Kay
Jefferson Circuit Court, CV-16-903721
PETITION FOR WRIT OF MANDAMUS
Health Services, Inc., the defendant below, filed a petition
for a writ of mandamus directing the Jefferson Circuit Court
to dismiss Rita Kay's action against it. We grant the
petition and issue the writ.
and Procedural History
October 8, 2016, Kay filed a complaint against
"Brookwood Baptist Health LLC" and fictitiously
named defendants pursuant to the Alabama Medical Liability
Act, § 6-5-480 et seq. and § 6-5-540 et seq., Ala.
Code 1975, based on injuries she allegedly suffered at the
hands of another patient while she was being treated in the
Psychiatric and Behavioral Health Inpatient Services Unit at
Brookwood Baptist Medical Center from October 8, 2014, until
October 12, 2014. She asserted claims of medical negligence,
false imprisonment, negligence and wantonness, breach of
contract, and negligent and/or wanton hiring, training,
and/or supervision. The complaint included an attachment that
requested that the defendant be served by certified mail at
the following address: "Brookwood Baptist Health 1,
LLC, c/o CT Corporation System, 2 North Jackson Street
Ste 605, Montgomery, AL 36104." The summons cover sheet
requested notice by certified mail to "Brookwood
Baptist Health LLC, c/o CT Corporation System[, ] 2
North Jackson Street, Montgomery, AL 36104."
November 9, 2016, CT Corporation System sent a letter to
Kay's counsel, stating:
"Our records indicate that we represent more than one
entity beginning with the name: (BROOKWOOD BAPTIST HEALTH,
LLC). In order that we may properly process the enclosed
document(s), we must be provided with the full name of the
entity for which it is intended.
"Should you make this determination, please amended
[sic], return the document(s) to us and we will be glad to
"CT was unable to forward."
December 16, 2016, the trial court entered an order stating:
"[Kay] is allowed forty-two days to perfect service on
defendant Brookwood Baptist Health LLC, or this defendant may
certified-mail receipts were filed with the circuit clerk on
February 27, 2017. The first was directed to "Keith
Parrott/Brookwood Baptist, 1130 22nd Street South, Ridge Park
Place, Suite 1000, Birmingham, AL 35203." It was signed
by T. Coleman and dated as delivered on February 13, 2017.
The second certified-mail receipt was directed to "CT
Corporation System, Brookwood Baptist Health, 2 North Jackson
Street Ste 605, Montgomery, AL 36104." It was
signed/stamped by Laura Payne and dated as delivered on
February 13, 2017. On February 27, 2017, the trial court
entered the following order:
"[Kay] is allowed twenty-one days to perfect service on
defendant Brookwood Baptist Health LLC. Failure to perfect
service will result in dismissal of this defendant with no
further notice from the Court."
March 16, 2017, "Brookwood Baptist Health, LLC,"
filed a motion to dismiss pursuant to Rules 12(b)(2), (4),
and (5), Ala. R. Civ. P., for lack of personal jurisdiction,
insufficiency of process, and insufficiency of service of
process. It argued that Brookwood Baptist Health, LLC, was
not a current legal entity and that it was not a legal entity
in existence at the time of the events upon which the
complaint was based. Brookwood Baptist Health, LLC, also
argued that Brookwood Baptist Health 1, LLC, was a foreign,
limited-liability company with its principal place of
business in Dallas, Texas; that it was formed in Delaware on
or about June 19, 2015; that it had been doing business in
Alabama since September 30, 2015; and that it was not a legal
entity that was in existence at the time of the events that
formed the basis for the action. Finally, Brookwood Baptist
Health, LLC, argued that neither ...