The Boaz Scorekeeper–Chapter 36

The Boaz Scorekeeper, written in 2017, is my second novel. I'll post it, a chapter a day, over the next few weeks.

The deaths of Bill and Nellie Murray brought about the death of their wrongful death lawsuit against the Flaming Five.  For over twenty-five years Alabama was one of only a hand full of states that allowed the decedent’s personal representative to bring a lawsuit on behalf of a decedent.  All other states gave this authority solely to a member of the decedent’s family.  Bill and Nellie Murray, as personal representatives, had filed their lawsuit in early 1997.

In late summer 1997 the Alabama Legislature decided it was time to conform Statute 6-5-410, the wrongful death statute, to what most of other states provided.  The amended statute removed the authority from a personal representative and instead gave it to a family member.  But, the Legislature made a grave error when it used this statement: “No one may prosecute a wrongful death action other than a living parent, spouse, or sibling.” 

In early 1997, Bill and Nellie Murray, and Bill’s mother, Brenda, were the only surviving family members of Wendi and Cindi Murray, other than cousin Clinton.  The daughters obviously had no spouse, nor did they have a sibling.  The Legislature’s failure to include a grandparent as an authorized family member to prosecute a wrongful death action killed Bill and Nellie’s lawsuit.

The attorneys for the Flaming Five were experts in wrongful death claims.  On Wednesday, only two days after the Murray’s failed to show up for court, Ralph Summerford, on behalf of all Defendants, filed a motion to dismiss Bill and Nellie’s case.  Although we knew our case was on shaky grounds, Matt and I filed a motion in opposition asserting the suspiciousness of Bill and Nellie’s deaths as sufficient grounds for the Court to postpone its ruling until autopsies could be conducted. 

The Court set the motions for hearing a week later.  Ralph Summerford had the law on his side.  He argued that no matter the reason or cause of the Murray’s deaths, Alabama law requires a dismissal of their wrongful death case.  I will never forget his statement to Judge Freeman, “Your Honor, with the unfortunate passing of the Murray’s, the Plaintiff’s case is now void.  This Court must follow the wisdom of our legislators in recognizing that wrongful death cases are very private and personal matters and that when an entire family ceases to exist, so too should any claims they might otherwise have.”  I also will never forget the smirk on the faces of the Flaming Five.

The Court granted the Defendants motion.

Once again, justice had eluded Wendi and Cindi Murray.