Opinion · Supreme Court of Alabama

Northington v. Carey-Canada, Inc.

Northington v. Carey-Canada, Inc., 432 So. 2d 1231 (Ala. 1983)

Type
Opinion
Court
Supreme Court of Alabama
Jurisdiction
Alabama
Date
1983-05-27
Topic
estate-planning

The sole issue presented by this appeal is whether this cause of action for the wrongful death of Nathaniel Northington is barred by the statute of limitations if, at the time of death, his action for personal injuries was time barred. The facts are these: Nathaniel Northington was last exposed to asbestos-containing materials, connected to appellees, on 6 February 1969. He died on 1 April 1980, not having filed any action for personal injuries resulting from such exposure. Suit for wrongful death under § 6-5-410, Code 1975, was filed on 19 March 1981. Affirmed on the authority of Ellis v.

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Cited by
9 opinions
NORTHINGTON v. CAREY-CANADA INC.,432 So.2d 1231(Ala. 1983)
432 So.2d 1231
Dorothy NORTHINGTON, as Administratrix of the Estate of Nathaniel
Northington, deceased, et al. v. CAREY-CANADA, INC., a foreign
Corporation, et al.
81-924.
Supreme Court of Alabama.
May 27, 1983.
Appeal from the Circuit Court, Jefferson County, Josh Mullins, J.Page 1232
S. Shay Samples of Hogan, Smith Alspaugh and Paul A. Phillips, Birmingham, for appellants.

Thomas W. Christian and Michael K. Beard of Rives Peterson, Birmingham, for appellees.
EMBRY, Justice.
The sole issue presented by this appeal is whether this cause of action for the wrongful death of Nathaniel Northington is barred by the statute of limitations if, at the time of death, his action for personal injuries was time barred.

The facts are these: Nathaniel Northington was last exposed to asbestos-containing materials, connected to appellees, on 6 February 1969. He died on 1 April 1980, not having filed any action for personal injuries resulting from such exposure. Suit for wrongful death under §6-5-410, Code 1975, was filed on 19 March 1981.

Affirmed on the authority ofEllis v. Black Diamond CoalMining Company,268 Ala. 576,109 So.2d 699(1959);Garrett v.Raytheon Co., Inc.,368 So.2d 516(Ala. 1978); andTyson v.Johns-Manville Sales Corp.,399 So.2d 263(Ala. 1981).

AFFIRMED.

TORBERT, C.J., and FAULKNER, ALMON and ADAMS, JJ., concur.