COMMON-LAW STATUTE OF REPOSE - OWENS-ILLINOIS, INC. V. JOHN W. WELLS, ET AL.
In Owens-Illinois, Inc. v. John W. Wells, et al., [Ms. 1070213] __ So. 3d. __ (Ala. 2010), Owens-Illinois, Inc. ("Owens") was alleged to have produced and/or installed products under the trade name "Kaylo" that contained asbestos and that lead to certain injuries and deaths. Owens moved for summary judgment based on Alabama's 20-year common-law statute of repose. The trial court denied Owens' motion. Owens then obtained permission to appeal the trial court's interlocutory orders. On appeal, the Alabama Supreme Court affirmed the denial of Owens' summary judgment motion, holding that the common-law rule of repose does not begin to run on a claim until all the essential elements of that claim, including injury, coexist so that the plaintiff could validly file the action.