# Denton v. Sam Blount, Inc.

> Court of Civil Appeals of Alabama · October 20, 1995 · 669 So. 2d 951

URL: https://www.frixlaw.com/law-library/cases/9933367

## Case

- **Full name:** Frank W. Denton and Shirley W. Denton v. Sam Blount, Inc.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** October 20, 1995
- **Citations:** 669 So. 2d 951; 1995 WL 619667
- **Precedential status:** Published
- **Opinion:** Dissent by Monroe
- **Judges:** Crawley, Monroe
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9933367

## Opinion text

I believe that the statute of limitations that applies to the Dentons' action is four years from the date of injury. Therefore, because their action was filed within the applicable *Page 954
statute of limitations, I believe summary judgment entered by the trial court is due to be reversed.
The Dentons' action was specifically brought under a theory of breach of implied warranties in the sale of goods. If the majority is correct in its determination that the North Carolina statute of limitations that would apply to this action is merely procedural, then this court must determine what the statute of limitations would be if this action were filed under Alabama substantive law.
Although the North Carolina statute under which this action was filed is labeled a products liability act, the Dentons' claim is actually a U.C.C.-type claim. Therefore, the correct statute of limitations to apply is the one applicable to actions for breach of implied warranty, not the one applicable to products liability actions. Under Alabama law, an action for personal injuries arising out of an alleged breach of implied warranty in the sale of goods is contractual in nature and the applicable statute of limitations is four years. See Simmons v. Clemco Industries , 368 So.2d 509 (Ala. 1979).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9933367. Public record. Not legal advice.