In a move that is more symbolic than practical, the Alabama Supreme Court issued an opinion earlier this month effectively holding that the statute of limitations for a wantonness claim is two years and not six years. The case, Ex parte Capstone Building Corporation, No. 10900966, overruled the holding in McKenzie v. Killian, 887 So. 2d 861 (Ala. 2004). The Court found that McKenzie was wrongly decided and that there should be a return to the historical position of the two-year period. Chief Justice Cobb was the lone dissentor.
The Court’s ruling will be prospective only and will apply to any existing claims that would expire more than two years from the date of the decision. The Court ruled that, “litigants whose causes of action have accrued on or before [June 3, 2011] shall have two years from today’s date [June 3, 2011] to bring their action unless and to the extent that the time for filing their action under the six-year limitations period announced in McKenzie would expire sooner.” For example, if someone was injured in Alabama on June 3, 2006, they would only have until June 3, 2012, and not June 3, 2013, to file a claim.
The change has little practical effect because almost all wantonness claims are paired with negligence claims. The statute of limitations for a negligence claim in Alabama is currently two years.
