Alabama Supreme Court Reverses Statute of Limitations Ruling

MONTGOMERY, Ala. - The Alabama Supreme Court said Sept. 8 that it won't decide whether the statute of limitations should be applied to dismiss an asbestos personal injury complaint until a jury determines when and if the alleged injury occurred. Ex parte Thomas Edison Wilkerson (Re: Thomas Edison Wilkerson v. Burlington Northern Railroad Company and Illinois Central Railroad Company), No. 1990769 (Ala. Sup. Ct.).

Reversing a state Court of Appeals decision awarding summary judgment to defendants in the case, the high court remanded Thomas Edison Wilkerson's claims against his employer to Jefferson County Circuit Court. It is up to a …