Williams v. Capps Trailer Sales
| Decision Date | 09 August 1991 |
| Citation | 589 So.2d 159 |
| Parties | Jessie Edward WILLIAMS v. CAPPS TRAILER SALES, et al. 1900416. |
| Court | Alabama Supreme Court |
Julia McCain Lampkin Asam, Northport, for appellant.
Alston Keith, Jr. of Keith & Keith, Selma, and William P. Sawyer of Weiss & Sawyer, Montgomery, for appellees Capps Trailer Sales and Huey H. Capps, individually, etc.
Alice W. Durkee of Lange, Simpson, Robinson & Somerville, Birmingham, for appellee Guar. Ins. Co.
James M. Barnes, Jr., Marion, for appellees Burnis C. Barton and James Chester Ryan.
Philip Henry Pitts and J. Garrison Thompson of Pitts, Pitts and Thompson, Selma, for appellee Alpha Ins. Co.
Henry C. Chappell, Jr. of Rushton, Stakely, Johnston & Garrett, Montgomery, for appellee Reliance Ins. Co.
Jessie Edward Williams appeals from a judgment of the trial court dismissing his complaint. Williams's complaint arose out of a traffic accident that took place in Wilcox County in March 1973. A prior personal injury lawsuit stemming from the accident was settled in 1974. Williams also settled a workmen's compensation action against his employer, Capps Trailer Sales, at the time of the accident.
Williams's complaint in the present suit alleges "newly discovered evidence of fraud on an implied contract" that led to his injuries in the 1973 accident. The complaint named nine parties as defendants, including Capps Trailer Sales and its owner Huey Capps; James Chester Ryan, who was the driver of the other vehicle involved in the accident; and Associated Milk Producers, Inc., and Burnis C. Barton, doing business as Lakeland Farms Company, the owners of the other vehicle. Williams also named Reliance Insurance Company, Alfa Insurance Company, and Guarantee Insurance Company, which allegedly insured the various defendants. Each of the defendants filed a motion for dismissal, and, after hearing oral argument on the motions, the trial court granted each defendant's motion.
Initially, we note that each of the appellees, in addition to filing its appeal brief with this Court, filed a motion to dismiss Williams's appeal. Those motions that have not been previously ruled upon by this Court are hereby denied.
Addressing now the merits of this appeal, we note that although a number of issues are raised, the dispositive issue as to all of the parties is whether Williams's cause of action is barred by the statute of limitations.
Generally, actions based on personal injury must be brought within two years of the occurrence that caused the injury. See § 6-2-38(l), Ala.Code 1975. However, § 6-2-3 provides that in actions seeking relief on the ground of fraud, the claim is not considered as having accrued until the discovery by the aggrieved party of the fact constituting fraud, after which the party has two years within which to prosecute an action.
Here, Williams alleged in his complaint...
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Travis v. Ziter
...is proper only if, from the face of the complaint, it is apparent that the tolling provisions do not apply. Williams v. Capps Trailer Sales, 589 So.2d 159, 160 (Ala.1991). If the court considers matters outside the pleadings in ruling on the defendant's motion to dismiss, then the motion is......
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Weaver v. Firestone
...of the complaint, it is apparent that the tolling provisions do not apply." Travis, 681 So. 2d at 1351 (citing Williams v. Capps Trailer Sales, 589 So. 2d 159, 160 (Ala. 1991)). The events giving rise to Firestone's causes of action occurred in May 1995. It is undisputed that Firestone knew......
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Asam v. Alabama State Bar
...period of Williams's original lawsuit, affirmed the trial court's dismissal of Williams's complaint. See Williams v. Capps Trailer Sales, Inc., 589 So.2d 159 (Ala.1991). Thereafter, Asam filed an action "for Mr. Williams" in a circuit court seeking $5 million in damages, again claiming to h......
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Williams v. Capps Trailer Sales, Inc.
...the judgment of the trial court on the ground that Williams's action was barred by the statute of limitations. Williams v. Capps Trailer Sales, 589 So.2d 159 (Ala.1991). In its written opinion the supreme court concluded that Williams had based his fraud action solely on his "re-evaluation"......