Opinion

Walker v. Capstone Building Corp.

  • 96 So. 3d 77
  • 2012 Ala. LEXIS 32
  • 2012 WL 887497
Court
Supreme Court of Alabama
Filed
Mar 16, 2012
Status
Published
Author
Woodall
On the bench
Bolin, Cobb, Main, Murdock, Parker, Shaw, Stuart, Wise, Woodall
Cited by
34 cases
Authority
More cited than 18.0%

noting that a court may consider " 'the plausibility of the existing interpretation of a statute, the extent to which that interpretation has been fixed in the fabric of the law, and the strength of arguments for changing the interpretation’ ” (quoting 20 Am.Jur.2d Courts § 131 (2005))

How later courts described this case

  • noting that a court may consider " 'the plausibility of the existing interpretation of a statute, the extent to which that interpretation has been fixed in the fabric of the law, and the strength of arguments for changing the interpretation’ ” (quoting 20 Am.Jur.2d Courts § 131 (2005))
  • explaining that wantonness requires an "act done or omitted with knowledge of the probable consequence and with reckless disregard of such consequence"
  • confirming that claims of wantonness are subject to the two-year statute of limitations found in Ala. Code § 6-2-38 (l)
  • "[Ljitigants whose causes of action accrued on or before June 3, 2011, the date of the original issuance by this Court of its opinion in this case, shall have two years from that 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 [v. Killian, 887 So.2d 861 (Ala.2004)] would expire sooner.”

Written by the judges who cited it.

The opinion

WOODALL, Justice

(dissenting).

I am not convinced that McKenzie v. Killian, 887 So.2d 861 (Ala.2004), was wrongly decided; therefore, I do not agree that the decision should be overruled. Consequently, I respectfully dissent.

APPENDIX TO OPINION OF THE COURT

The dissenting opinion of then Chief Justice Cobb that accompanied the release on June 3, 2011, of this Court’s opinion on original submission in this case is set out below:

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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