Reyes v. Better Living, Inc.

At the heart of this case is an issue of first impression: Does Act No. 2011-627, Ala. Acts 2011 (“the Act”), which amended § 6-5-521, Ala.Code 1975, apply retroactively? Because I believe, based on settled precedent, that the answer is “no,” I respectfully dissent from affirming the summary judgment entered for defendant Better Living, Inc., d/b/a A Better Way.

I

Rayna Reyes, an insurance seller, visited Don and JoAnn Phillips at their home in Lillian in June 2010. Responding to a request from Reyes for a glass of water, JoAnn removed a container from the freezer section of her refrigerator,…