Appellate Law

Alabama Supreme Court Overrules Garrett v. Raytheon; Claim For Exposure To Toxic Substance Now Accrues When There Is A Manifest Injury

In a major change in Alabama toxic tort law, the Alabama Supreme Court overruled Garrett v. Raytheon, 368 So. 2d 516 (Ala. 1979), which had established the "date of last exposure" test for accrual of a cause of action based on exposure to a toxic substance.  In Griffin v. Unocal Corp., [Ms. 1061214] (Ala. Jan. 25, 2008), the Supreme Court overruled Garrett and adopted Justice Harwood's dissent in Cline v. Ashland, [Ms. 1041076] (Ala. 2007), and held that a claim for exposure to a toxic substance now accrues "when there has occurred a manifest present injury."  Griffin was a 5-4 decision.  The dissents argued that it should be up to the legislature to make this change.

Interestingly, while the opinion stated that this new rule will be applied prospectively, the plaintiff in this case received special treatment.  The Court stated that the rule "will be applied prospectively, except in this case, where it will apply retroactively.  Griffin, as the prevailing party in bringing about a change in the law, should be rewarded for her efforts."

Click the links for articles on this important case:

"Alabama high court sets new timetable for toxic exposure lawsuits; Reverses ruling last year in Bessemer worker's case" - Birmingham News

"Alabama Supreme Court opens door for toxic lawsuits" - Mobile Press Register

"Alabama Supreme Court reverses course, offers hope to ill workers" - AP

Full post as published by Alabama Appellate Watch on January 28, 2008 (boomark / email).