> Each set of plaintiffs asserted claims under Alabama's Wrongful Death of a Minor Act, § 6-5- 391. In the alternative, each set of plaintiffs asserted common-law claims of negligence (in the LePages and Fondes' case) or negligence and wantonness (in the Aysennes' case), for which they sought compensatory damages, including damages for mental anguish and emotional distress.
(page 5)
Note: "In the alternative"
There were two claims:
1. They claim coverage by the Wrongful Death of a Minor Act.
2. They provide an alternative, so that if the Wrongful Death of a Minor Act does _not_ apply, they claim negligence.
These are two separate claims. The ruling states that since Claim 1 does apply (frozen embryos do fall under the Wrongful Death of a Minor Act), then Claim 2 is no longer relevant, because it was only relevant if Claim 1 did not apply. Therefore Claim 2, is dismissed, upholding the lower court's decision _on that claim_ (but not the full case).