Brooks v. Bailey

Supreme Court of Alabama

Brooks v. Bailey

601 So. 2d 987, 1992 Ala. LEXIS 692, 1992 WL 172857

Supreme Court of Alabama·Decided July 24, 1992·No. 1910685·Published

Opinion

KENNEDY, Justice.

The plaintiff, Jesse James Brooks, appeals a summary judgment in favor of the defendant, Jack Bailey.

The plaintiff sought in the trial court to invoke the provisions of Ala.Code 1975, § 6-2-8, to suspend the operation of the statute of limitations on the claims brought against Bailey. Absent the applicability of § 6-2-8, Brooks’s claims are time-barred.

Section 6-2-8, in pertinent part, permits the suspension of the operation of statutes of limitations where the plaintiff is “imprisoned on a criminal charge for any term less than life.” By Brooks’s own admission he is in prison for life. The provisions of § 6-2-8 do not apply in this case.

AFFIRMED.

HORNSBY, C.J., and MADDOX, SHORES and HOUSTON, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

KENNEDY, Justice.

The plaintiff, Jesse James Brooks, appeals a summary judgment in favor of the defendant, Jack Bailey.

The plaintiff sought in the trial court to invoke the provisions of Ala.Code 1975, § 6-2-8, to suspend the operation of the statute of limitations on the claims brought against Bailey. Absent the applicability of § 6-2-8, Brooks’s claims are time-barred.

Section 6-2-8, in pertinent part, permits the suspension of the operation of statutes of limitations where the plaintiff is “imprisoned on a criminal charge for any term less than life.” By Brooks’s own admission he is in prison for life. The provisions of § 6-2-8 do not apply in this case.

AFFIRMED.

HORNSBY, C.J., and MADDOX, SHORES and HOUSTON, JJ., concur.

Brooks v. Bailey, 601 So. 2d 987, 1992 Ala. LEXIS 692, 1992 WL 172857 (Ala. 1992).

Pincite

601 So. 2d 987 (Brooks v. Bailey) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.