DOCUMENT 51

ELECTRONICALLY FILED
8/30/2019 5:23 PM
47-CV-2019-900259.00
CIRCUIT COURT OF
MADISON COUNTY, ALABAMA
DEBRA KIZER, CLERK
IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA

MAGERS RYAN & ON BEHALF OF

)
DECEASED CHILD BABY ROE,
Plaintiff, )
)
V. ) Case No.: CV-2019-900259.00
)
ALABAMA WOMEN'S CENTER
)
REPRODUCTIVE ALTERNATIVES,
Defendant. )

ORDER

This matter came before the Court for Hearing on the Motion to Dismiss filed by
Defendant Alabama Women’s Center for Reproductive Alternatives, LLC and the
opposition filed by the Plaintiff Ryan Magers, Individually and on behalf of his deceased
child, Baby Roe. During the hearing, counsel for the Plaintiff acknowledged that the
Plaintiff’s individual claims were due to be dismissed. Thereafter, the Court heard
arguments from the attorneys regarding the remaining claims brought on behalf of the
unborn embryo identified as “Baby Roe” in Plaintiff’s Complaint.

After considering the filings, applicable case law, and arguments of counsel, it is
hereby ORDERED and DECREED that the Defendant’s Motion to Dismiss is hereby
GRANTED. In reaching said determination, the Court notes that the Plaintiff does not
assert that the named Defendant or fictitiously plead Defendants were engaged in
unlawful or tortious conduct at the time in question. Moreover, the Court finds that
Plaintiff’s asserted claims for punitive money damages are not cognizable under Alabama
law, including the Alabama Wrongful Death Act. See § 6-5-410, Ala. Code.
Furthermore, the Court notes that the claims asserted by the Plaintiff are precluded by
existing State and Federal laws pertaining to the conduct in question. Finally, although
 DOCUMENT 51

the Plaintiff attaches great significance to the Probate Court’s issuance of Letters of
Administration, the Court finds said process to be ministerial in nature. See § 43-2-40,
et. seq., Ala. Code.

Accordingly, the Plaintiff’s Complaint is hereby DISMISSED in its entirety.

Costs are taxed as paid.

DONE this 30th day of August, 2019.

/s/ CHRIS COMER

CIRCUIT JUDGE