STATUTE OF LIMITATIONS - WANTONNESS - EX PARTE CAPSTONE BUILDING CORP.
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.