Owens-Illinois, Inc. v. Wells

50 So. 3d 413, 2010 Ala. LEXIS 73, 2010 WL 1640962
CourtSupreme Court of Alabama
DecidedApril 23, 2010
Docket1070213, 1070214, 1070215, 1070216, 1070217, and 1070218
StatusPublished
Cited by2 cases

This text of 50 So. 3d 413 (Owens-Illinois, Inc. v. Wells) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Owens-Illinois, Inc. v. Wells, 50 So. 3d 413, 2010 Ala. LEXIS 73, 2010 WL 1640962 (Ala. 2010).

Opinions

PER CURIAM.

In six separate appeals that have been consolidated for the purpose of writing one opinion, this Court granted Owens-Illinois, Inc. (“O-I”), a defendant in the underlying actions involving asbestos exposure, permission to appeal the trial court’s denial of its motions for a summary judgment on the claims of John W. Wells; Harold Mitchell, personal representative of the estate of Reba Mae Mitchell, deceased; James Newman; Floyd Patterson; Roger Hugh Young and Dinah Young Tate, coex-ecutors of the estate of Pauline Young, deceased; and Rosalyn Diane Davis and Marilyn Joanne Woods, personal representatives of the estate of Ruby Williams, deceased (hereinafter referred to collectively as “the plaintiffs”). See Rule 5, Ala. R.App. P. We affirm.

Facts and Procedural History

Between August 5, 2005, and July 24, 2006, in six separate actions, the plaintiffs sued O-I and various other defendants. The plaintiffs alleged that O-I produced and/or installed products containing asbestos and that O-I was liable for certain injuries or deaths that were allegedly caused by exposure to those products. Specifically, the plaintiffs alleged that O-I produced and/or installed block insulation and pipe covering under the trade name “Kaylo” that contained asbestos. It is undisputed that O-I sold its entire Kaylo thermal-insulation-products business to Owens-Corning Fiberglas Corporation in 1958 and that O-I did not produce or install Kaylo asbestos-containing products after April 30, 1958. It is also undisputed that O-I, which asserts as a defense Alabama’s 20-year common-law rule of repose, has not presented evidence indicating that the manifest, present injury allegedly suffered by the plaintiffs occurred more than 20 years before the filing of the amended complaint naming O-I as a defendant.1

In April 2007, O-I moved for a summary judgment in each of the six cases, arguing that the plaintiffs’ claims are barred by Alabama’s 20-year common-law rule of repose. The trial court denied O-I’s motion for a summary judgment in each of the six cases. However, the trial court, pursuant to Rule 5, Ala. R.App. P., certified that the interlocutory orders denying the summary-judgment motions involve a controlling question of law as to which there is substantial ground for difference of opinion, that an immediate appeal from its orders would materially advance the ultimate termination of the litigation, and that the appeal would avoid protracted and expensive litigation. The trial court’s certification in each case stated, in part:

“Specifically, the Court held as follows based upon controlling law:
“As there is currently no affirmative evidence before the Court that the Plaintiff suffered a manifest, present [415]*415injury such that all of the essential elements of his claim co-existed more than twenty years before the filing of the Amended Complaint naming O-I as a party defendant, O-I’s Motion for Summary Judgment on the Grounds of the Rule of Repose is DENIED.
“See September 20, 2007 Order. This Court reached this conclusion based upon its interpretation of Alabama law; however, there appears to be a substantial ground for difference of opinion concerning the application of the twenty (20) year common law Rule of Repose given prior cases such as Ex parte Liberty Nat’l Life Ins. Co., 825 So.2d 758 (Ala.2002), and American General Life & Accident Insurance Co. v. Underwood, 886 So.2d 807 (Ala.2004), and in this Court’s opinion it would be beneficial for an interlocutory appeal to be granted and there be a review of this issue by the Alabama Supreme Court.”

We granted O-I’s petition for permission to appeal in all six cases, and we now affirm the trial court’s orders denying the motions for a summary judgment in all six cases.

Standard of Review

“Because this case involves only issues of law and no material disputed facts, our review is de novo.” Affinity Hosp., L.L.C. v. Williford, 21 So.3d 712, 714 (Ala.2009) (citing Padgett v. Conecuh County Comm’n, 901 So.2d 678, 685 (Ala.2004)).

Discussion

On appeal, the only issue before this Court is whether the 20-year common-law rule of repose begins to run on a claim at the time of the defendant’s actions giving rise to the claim or when all the essential elements of that claim, including injury, coexist so that the plaintiff could validly file an action. After the appeals in these cases were taken, this Court addressed that very issue in Collins v. Scenic Homes, Inc., 38 So.3d 28 (Ala.2009).

In Collins, residents of an apartment building constructed in the 1980s sued the designer of the building and the apparent owner of the building, alleging negligence and wantonness. Specifically, the residents alleged that injuries they received when the building was set on fire by an arsonist in 2004 were proximately caused by the designer’s failure to construct, and the owner’s failure to maintain, a reasonably safe apartment building with adequate fire-suppression safeguards and adequate escape routes. The designer moved for a summary judgment, arguing, among other things, that the claims against it were barred by the 20-year common-law rule of repose. The trial court agreed with the designer and entered a summary judgment in favor of it. On appeal, this Court reversed the trial court’s judgment. We fully examined the common-law rule of repose and held as follows:

“In Ex parte Liberty National Life Insurance Co., 825 So.2d 758 (Ala.2002), this Court discussed the rule of repose, stating:
“ ‘Since 1858, causes of action asserted in Alabama courts more than 20 years after they could have been asserted have been considered to have been extinguished by the rule of repose. See Rector v. Better Houses, Inc., 820 So.2d 75, 77 n. 2 (Ala.2001) (“Since this Court decided McArthur v. Carrie’s Administrator, 32 Ala. 75 (1858), Alabama has followed a rule of repose, or rule of prescription, of 20 years.”). The well-established rule recognizes the realities that surround the inverse relationship between the passage of time and the ability to fairly and justly resolve disputes:
“ ‘ “As a matter of public policy, and for the repose of society, it has [416]*416long been the settled policy of this state, as of others, that antiquated demands will not be considered by the courts, and that, without regard to any statute of limitations, there must be a time beyond which human transactions will not be inquired into.... It is necessary for the peace and security of society that there should be an end of litigation, and it is inequitable to allow those who have slept upon their rights for a period of 20 years, after they might have [brought an action], and after, as is generally the case, the memory of transactions has faded and parties and witnesses passed away, to [bring an action].

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994 F. Supp. 2d 1224 (M.D. Alabama, 2014)
Owens-Illinois, Inc. v. Wells
50 So. 3d 413 (Supreme Court of Alabama, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
50 So. 3d 413, 2010 Ala. LEXIS 73, 2010 WL 1640962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owens-illinois-inc-v-wells-ala-2010.