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

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, and O‑I failed to show such injury more than 20 years before filing. The Court relied on its recent decision in Collins v. Scenic Homes to interpret the repose rule. Two justices dissented, arguing that the majority’s view of the repose period was erroneous.