65 So. 3d 379
Ala.2010Background
- bus accident on Nov 20, 2006 injuring students; 14 plaintiffs sued Laidlaw Transit and individual drivers, with fictitiously named defendants; later consolidated with 26 cases; plaintiffs settled with some defendants and amended claims in 2009 to allege products liability, breach of warranty, negligence/wantonness against Navistar/IC Bus; bus companies moved for summary judgment on statute of limitations and waiver/laches; trial court granted summary judgment Sept 16, 2009; 15 appeals were remanded Aug 4, 2010 for final disposition; appellate court reversed and remanded for further proceedings
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 6-2-8 tolls the limitations period for minors | Elliott et al. rely on § 6-2-8(a) | Bus companies argue § 6-2-8 does not apply when guardians/next friends sue | § 6-2-8 applies; tolling allowed; overrules Lee/Spann |
| Whether waiver bars the claims against the bus companies | Delay does not prove voluntary surrender of rights | Delay indicates waiver | Waiver issue is fact-intensive; summary judgment improper |
| Whether laches bars the claims | Laches cannot bar where statute not expired; no undue prejudice shown | Delay plus prejudice support laches | Laches not applicable; statute not run; reversal of laches-based dismissal |
| Whether the trial court's summary judgment was erroneous overall | No grounds support summary judgment as to minors' claims | Statute, waiver, and laches support judgment | Judgment reversed and remanded for further proceedings |
Key Cases Cited
- Lee v. Wood, 85 So. 169 (1888) (trustee may sue on behalf of minor; broad rule discussed)
- Spann v. First National Bank of Montgomery, 200 So. 554 (1941) (guardian duties; bar to ward's suit if not asserted)
- Emerson v. Southern Ry., 404 So. 2d 576 (Ala. 1981) (failure of representative to pursue claim does not bar minor where § 6-2-8 applies)
- Spurling v. Fillingim, 12 So. 2d 740 (Ala. 1943) (minor may amend and pursue later rights despite earlier timing)
- Hood v. Johnston, 99 So. 75 (Ala. 1924) (minor may sue in their own name upon majority regardless of guardian acts)
- McLaughlin v. Beyer, 61 So. 62 (Ala. 1913) (protects minor's rights against neglect by next friends)
- Ballenger v. Liberty National Life Ins. Co., 96 So. 2d 728 (Ala. 1957) (laches not applicable to legal claims under statute of limitations)
- Dominex, Inc. v. Key, 456 So. 2d 1047 (Ala. 1984) (waiver defined; burden on asserting party)