Carr v. International Refining & Mfg. Co.
Decision Date | 16 January 2009 |
Docket Number | 1070770. |
Citation | Carr v. International Refining & Mfg. Co., 13 So.3d 947 (Ala. 2009) |
Parties | Bell CARR, Jr., et al. v. INTERNATIONAL REFINING & MANUFACTURING COMPANY d/b/a IRMCO, et al. |
Court | Alabama Supreme Court |
Timothy W. Knight of Kee & Selby, L.L.P., for appelleesLincoln Electric Company and L-Tec.
Charles Fleming, Jr., of Huie, Fernambucq & Stewart, LLP, Birmingham, for appelleeD.A. Stuart Company.
Stanley A. Cash of Huie, Fernambucq & Stewart, LLP, Birmingham, for appellee Rochester-Midland.
Frank E. Lankford of Huie, Fernambucq & Stewart, LLP, Birmingham for appelleesHollingsworth & Vose Company and Houghton International, Inc.
Michael C. Quillen of Walston, Wells & Birchall, LLP, Birmingham, for appelleesAmerican Metal Fibers, Inc., Lancaster Fibers, Inc., and Alro Steel Corporation.
Chilton Davis Varner, Stephen B. Devereaux, and Bradley W. Pratt of King & Spalding, LLP, Atlanta, Georgia, for amicus curiaeProduct Liability Advisory Council, Inc., in support of the appellees.
On Application for Rehearing
This Court's opinion of November 14, 2008, is withdrawn, and the following is substituted therefor.
The appellants in this action ("the former employees") are several hundred former employees of Arvin Industries d/b/a Arvin-Meritor, Inc.("Arvin").The former employees sued Arvin and several of their co-employees, alleging that they had suffered injuries as a result of exposure to toxic chemicals while employed by Arvin.Through an amended complaint, the former employees added 64 other named defendants("the new defendants"), who they alleged manufactured or sold Arvin the chemicals and equipment that injured the former employees.The former employees appeal from the Fayette Circuit Court's dismissal of their claims against the new defendants.We reverse and remand.
This is the second time this case has come before this Court.SeeEx parte International Refining & Mfg. Co.,972 So.2d 784(Ala.2007)("International Refining").In International Refining,we described the facts and procedural background as follows:
Regarding wantonness, the former employees alleged in count 6 of the first amended complaint that the new defendants had "wantonly engineered, designed, developed, configured, manufactured, assembled, distributed, and/or sold the chemicals" and other products that the former employees were exposed to through their work at Arvin.The former employees also alleged in count 13 that 5 of the new defendants had "wantonly engineered, designed, ... manufactured, ... sold, inspected or consulted regarding the design, engineering, manufacturing, production, distribution and/or warnings associated with" the equipment used in Arvin's manufacturing process.
International Refining,972 So.2d at 787-88(footnote omitted).
This Court granted the new defendants' petition and issued the writ of mandamus.We concluded in International Refining that the claims the former employees stated against the new defendants in the first amended complaint did not relate back to the claims they stated against the fictitiously named defendants identified in their original complaint.972 So.2d at 791.Because the first amended complaint was filed in May 2005, three years after the...
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