Legal Opinion
Ex Parte Wilkerson
Supreme Court of Alabama
Decided September 8, 2000No. 1990769PublishedCited by 2 opinions
1Opinion of the Court
This case presents the question whether the statute of limitations bars the plaintiff's action to recover damages for injuries he alleges he suffered as a result of an alleged workplace exposure to asbestos. For the reasons discussed below, we conclude that that question may not be answered until a jury determines when the plaintiff's cause of action accrued.
Thomas Edison Wilkerson sued his former employers, Burlington Northern Railroad Company ("Burlington") and Illinois Central Railroad Company ("Illinois Central"), alleging "severe injury to his body and respiratory system, resulting in .…
2Cases cited7 opinions
- United States v. KubrickSupreme Court of the United States · 1979
- Urie v. ThompsonSupreme Court of the United States · 1949
- Dxs, Inc., a Michigan Corporation, F/k/a Flint X-Ray, Inc. v. Siemens Medical Systems, Inc., a Foreign CorporationCourt of Appeals for the Sixth Circuit · 1996
- Jn Exploration & Production v. Western Gas Resources, Inc., Jn Exploration & Production v. Western Gas Resources, Inc.Court of Appeals for the Eighth Circuit · 1998
- LeBlang Motors, Ltd. v. Subaru of America, Inc.Court of Appeals for the Seventh Circuit · 1998
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3Cited by2 opinions
- Campbell v. CSX Transportation, Inc.Court of Civil Appeals of Alabama · 2004
- Wilkerson v. Burlington Northern RailroadCourt of Civil Appeals of Alabama · 2001