PERSONAL INJURY - HOSEA O. WEAVER & SONS, INC. V. BALCH
Hosea O. Weaver & Sons, Inc. v. Balch, [Ms. 1100637, Sept. 20, 2013] ___ So. 3d ___ (Ala. 2013) (on application for rehearing). In the original opinion in this case, the Court held that a road-construction contractor could not be sued after the Department of Transportation accepted the work, applying the "'accepted-work doctrine,' which limits the post-acceptance duty of a road-construction company to third parties." On rehearing, only two Justices concur in the opinion that would adopt that doctrine. The special concurrences hold that the failure of the state to maintain the roadway over the five and one-half years after it accepted the work was the proximate cause, not any negligence by the contractor. One special concurrence notes that ¤ 6-5-701, Ala. Code 1975, enacted in 2012, will govern future cases.