In
Ex parte Capstone Building Corp., [Ms. 1090966, Mar. 16, 2012] __ So. 3d __(Ala. 2012), on application
for rehearing, the Court withdrew its June 3, 2011, opinion in
Walker v. Capstone Building Corp. and substituted this opinion, modifying some language but not the result
of the earlier opinion. William Walker filed an action against Capstone
Building alleging claims of negligence and wantonness arising out of an
injury sustained while working for a subcontractor at a construction site
on which Capstone was the general contractor. Capstone filed a motion
to dismiss Walker's claims arguing that his claims were barred by
the two-year statute of limitations set out in the Alabama Code 1975,
¤6-2-38. The trial court granted Capstone's motion. Walker
appealed to the Court of Civil Appeals arguing that the six-year statute
of limitations found in Alabama Code 1975, ¤6-2-34(1), applied
to his wantonness claim. The Court of Civil Appeals agreed with Walker
that the six-year statute of limitations period applied to his wantonness
claims. The Court of Civil Appeals relied on
McKenzie v. Killion, 887 So. 2d 861, Ala. 2004, in reaching its opinion that wantonness was
governed by the six-year statute of limitation period. Capstone then petitioned
the Supreme Court of Alabama for Certiorari review. The Supreme Court
of Alabama held that
McKenzie stood alone as an exception to a long line of cases that held the two-year
statute of limitation period applied to wantonness claims. The Court then
overruled
McKenzie and held that the claims of wantonness are subject to the two-year statute
of limitations found in Alabama Code 1975, ¤6-2-38(1). Accordingly,
the Court granted Capstone's writ.
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