Charles E. Jerkins v. Lincoln Electric Company

Summary

The court answered three certified Alabama-law questions arising from toxic-exposure litigation. It held that, under the preexisting law applicable to the plaintiff, recovery is limited to injuries occurring within the limitations period, that the six-year limitations period for wantonness applies to the pending claims filed before that rule was overruled, and that the plaintiff bears the burden of proving the timely injuries and corresponding damages. Justices Murdock and Shaw concurred specially, while Chief Justice Cobb concurred in part and dissented from the treatment of the wantonness limitations period.