Hubbard v. Liberty Mut. Ins. Co.

The issue in this case is whether the plaintiffs' third-party claims, filed pursuant to Ala. Code 1975, § 25-5-11(b), are barred by the two-year statute of limitations set forth in §6-2-38(g).1

Tommy Hubbard was employed by Atrax-Newcarb, Inc., in Tuscaloosa County, working on wet grinder machines used to polish the exterior of tungsten-cobalt tools. His last day of work, hence his last day of exposure was August 21, 1987. Shortly thereafter, on September 1, 1987, he was diagnosed with "interstitial lung disease" (hard metals disease) caused by his exposure to tungsten carbide. Hubbard filed…