Walker v. Capstone Building Corp.

On Application for Rehearing

MURDOCK, Justice.

This Court’s opinion of June 3, 2011, is withdrawn, and the following is substituted therefor.

We granted Capstone Building Corporation’s petition for a writ of certiorari to review the decision of the Court of Civil Appeals in Walker v. Capstone Building Corp., 96 So.3d 71 (Ala.Civ.App.2010), in which the Court of Civil Appeals, relying upon this Court’s decision in McKenzie v. Killian, 887 So.2d 861 (Ala.2004), applied a six-year statute of limitations to a claim of wantonness. In McKenzie, this Court held that a tort claim based on allegations of…