Legal Opinion · Concurrence

Jerkins v. Lincoln Electric Co.

Supreme Court of Alabama

Decided June 30, 2011No. 1091533Published

1ConcurrenceShaw, Justice

I concur to overrule the application for rehearing. However, I write specially to acknowledge the concerns expressed on rehearing by the defendant welding-rod manufacturers and amici curiae Business Council of Alabama and Alabama Defense Lawyers Association that application of the six-year limitations period set out in McKenzie v. Killian, 887 So.2d 861 (Ala.2004), to Charles E. Jerkins’s wantonness claim will have the unintended effect of reviving wantonness claims that would otherwise be subject to the two-year limitations bar that predated McKenzie. Specifically, the welding-rod…

2Cases cited7 opinions

  1. Garrett v. Raytheon Co., Inc.Supreme Court of Alabama · 1979
  2. McKenzie v. KillianSupreme Court of Alabama · 2004
  3. Cazalas v. Johns-Manville Sales Corp.Supreme Court of Alabama · 1983
  4. Crawford v. SpringleSupreme Court of Alabama · 1993
  5. Johnson v. Garlock, Inc.Supreme Court of Alabama · 1996

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