AL Supreme Court Holds Two Year Statute of Limitations Applicable in Wantonness Claims
On June 3, 2011 the AL Supreme Court released its opinion in the case Ex parte Capstone Building Corporation (In re: Walker v. Capstone Building Corporation), 20 ALW 23-1 (1090966), in which it ruled that the Statute of Limitations for a claim of wantonness is two years, rather than six. Ala. Code 1975, § 6-2-38, also known as the "catchall provision," sets out a two year statute of limitations for "all actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section." Conversely, Ala. Code 1975, § 6-2-34 sets forth a six year Statute of Limitations, which had previously been held to apply to claims alleging wantonness. In the case of McKenzie v. Killian, 887 So.2d 861 (Ala. 2004), the Supreme Court concluded that "wanton conduct is the equivalent in law to intentional conduct" and held that the six-year limitations period applied. McKenzie, however, stood alone as an exception to a long line of cases that held the two-year limitations period was applicable to wantonness claims. In Ex Parte Capstone, the Court overruled McKenzie, and stated that "litigants whose causes of action have accrued on or before the date of this decision shall have two years from today’s date to bring their action unless and to the extent that the time for filing their action under the six year limitations period announced in McKenzie would expire sooner."
Posted by: on: Jun 15, 2011 @ 06:25