Supreme Court of Alabama

Owens-Illinois, Inc. v. John W. Wells; Owens-Illinois, Inc. v. Harold Mitchell, as Personal Representative of The…

April 23, 20102010 Ala. LEXIS 73

Summary

The Alabama Supreme Court affirmed the trial courts' denial of Owens‑Illinois, Inc.'s summary‑judgment motions, holding that the state’s 20‑year common‑law rule of repose does not begin to run until all essential elements of a claim—including a manifest, present injury—coexist. The Court relied on its prior decision in Collins v. Scenic Homes to reject O‑I’s argument that the repose period starts at the time of the defendant’s alleged conduct.