Bowen v. Bickerstaff Clay Products, Inc.

I must respectfully dissent because I do not believe the Court of Civil Appeals adequately distinguished this ease from Kilgore v. Alabama By-Products Corp., 581 So.2d 872 (Ala.Civ.App.1991), or Guy v. Southwest Alabama Council on Alcoholism, 495 So.2d 77 (Ala.Civ.App.1986). The court in Guy concluded that the three-year nonclaim bar found in § 25-5-60, Ala.Code 1975, did not violate the Due Process Clause or the Equal Protection Clause of the United States Constitution. In Kilgore the court held:

“Ala.Code 1975, § 25-5-60, reads in pertinent part as follows: ‘In death eases, where the death…