In February 2007, the plaintiff slipped and fell on a wet tile floor in a Madison County mall. She suffered a fractured left patella and injuries to her spine and neck. She later became partially paralyzed after she underwent disk-replacement surgery at a German hospital. She then sued the mall (and related parties who helped to maintain the mall).
During this litigation, the mall filed a third-party complaint against the hospital (and related parties) and requested that the hospital reimburse the mall for any damages assessed to the mall, but caused by the hospital's misconduct. This motion was made pursuant to Rule 14 of the Alabama Rules of Civil Procedure.
The hospital moved to dismiss the third-party complaint; the circuit court denied its motion.
The hospital then appealed to the Alabama Supreme Court, which granted its motion. The supreme court found that Rule 14 didn't establish a right of reimbursement, indemnity, or contribution, but merely provides a procedure for enforcement of such rights (if they exist). In this particular case, they don't exist. The claims asserted by the mall could only be asserted by the plaintiff. Rule 14 can't be used to get the plaintiff to sue someone the plaintiff has not elected to sue. See Ex parte Stenum Hospital, decided September 16, 2011.
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