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Daniel v. Heil Co.

Supreme Court of Alabama
Aug 6, 1982
418 So. 2d 96 (Ala. 1982)

Opinion

CER-23.

August 6, 1982.

Leon Garmon, Gadsden, for petitioner.

J. Michael Crouch, Birmingham, for The Heil Co., Inc. et al.

Francis H. Hare, Jr., of Hare, Wynn, Newell Newton, Birmingham, for amicus curiae Alabama Trial Lawyers' Ass'n.


This is a certified question from the United States District Court for the Northern District of Alabama, filed on the court's own motion by the Honorable U.W. Clemon, U.S. District Judge. The certified question is filed pursuant to Alabama Rules of Appellate Procedure, Rule 18, and is determinative of an action before the federal court.

On October 23, 1979, the plaintiff's decedent sustained injuries and died as the result of an accident involving a sanitation truck that was in part designed, manufactured, assembled, and marketed by the defendant, The Heil Company, Inc.

On June 9, 1981, the plaintiff filed this action, claiming damages for wrongful death, pursuant to Ala. Code 1975, § 6-5-410, and alleging a products liability claim, based on the Extended Manufacturer's Liability Doctrine.

The defendant, The Heil Company, has timely asserted the one-year statute of limitations contained in § 6-5-502 (a)(1), Ala. Code 1975, as an affirmative defense.

The question posed is: Under the facts stated, does the wrongful death limitations period (Ala. Code 1975, § 6-5-410 (d)) or the more recent products liability limitations statute (Ala. Code 1975, § 6-5-502 (a)(1), as amended) apply?

We answer as follows: The wrongful death limitations period contained in § 6-5-410 (d) applies. Section 6-5-502, et seq., Ala. Code 1975, were declared unconstitutional by this Court in Lankford v. Sullivan, Long Hagerty, 416 So.2d 996 (Ala. 1982).

CERTIFIED QUESTION ANSWERED.

TORBERT, C.J., and FAULKNER, JONES, ALMON, EMBRY, BEATTY, and ADAMS, JJ., concur.


Summaries of

Daniel v. Heil Co.

Supreme Court of Alabama
Aug 6, 1982
418 So. 2d 96 (Ala. 1982)
Case details for

Daniel v. Heil Co.

Case Details

Full title:Shelia C. DANIEL, as Administratrix, etc. v. The HEIL COMPANY, INC., et al

Court:Supreme Court of Alabama

Date published: Aug 6, 1982

Citations

418 So. 2d 96 (Ala. 1982)

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