Carr v. International Refining & Manufacturing Co.

I agree with the new defendants that the pronouncement in McKenzie v. Killian, 887 So.2d 861 (Ala.2004), that the six-year limitations period of § 6-2-34(1) applies to wantonness claims, does not bind this Court in the present case. As Justice See notes in his special writing, 13 So.3d at 957, dictum is, by definition, “ ‘not essential to the judgment of the court which states the dictum’ ” (quoting Ex parte Williams, 838 So.2d 1028, 1031 (Ala.2002)). McKenzie was a case that, as this Court decided, did not even involve wantonness on the part of the defendant. This Court held that, “[biased…