Alabama Supreme Court Upholds Trial Court's Decision to Deny Motion to Dismiss Wrongful Death Case

MONTGOMERY, Ala. - In an opinion entered Feb. 7, the Alabama Supreme Court denied petitions to vacate a trial court's order denying a motion to dismiss filed by the manufacturers of an ephedra-based dietary supplement and the health food store that sold the product. Ex parte General Nutrition Corporation and Ex parte Phoenix Laboratories, Inc., and Ex parte Cytodyne Technologies, Inc., (In re: Richard Gregory, as administrator of the estate of Shannon Gregory, deceased v. Cytodyne Techonologies, Inc., et al.,) 1011760, 1011861, and 1011882, (Ala. Sup. Ct.).

Justice Robert Bernard Harwood, Jr., found that the trial court did not abuse …