Ex parte American Sweeping, Inc.

American Sweeping, Inc. ("ASI"), petitioned the Alabama Supreme Court for a writ of mandamus directing the Circuit Court to vacate an order denying its motion to dismiss the claims asserted against it in the underlying action as time-barred and to enter a dismissal in its favor. On May 22, 2014, two separate accidents occurred on the Interstate 65 bridge crossing the Mobile-Tensaw River Delta. ASI was performing sweeping and cleaning operations on the bridge pursuant its contract with the Alabama Department of Transportation ("ALDOT"). The first accident on the bridge occurred when a vehicle collided with the rear of the "buffer vehicle" that was following the ASI street sweeper. That accident caused traffic on the bridge to come to a complete stop. Shortly thereafter, the second accident occurred when the tractor-trailer truck being driven by William McRae and owned by TK&S Trucking, LLC, collided with the rear of the tractor-trailer truck being operated by Robert Sanders. That collision caused both tractor-trailer trucks to explode, killing McRae and injuring Sanders. In August 2015, ALDOT filed a complaint against, among others, TK&S Trucking and the Estate of William McRae, seeking to recover the costs of the repairs made to the bridge as a result of the tractor-trailer explosion. In December 2015 and April 2016, Sanders and his wife, Barbara, filed individual complaints in intervention, asserting claims against the same defendants seeking monetary damages for medical bills, pain and suffering, and loss of consortium. In 2016, the Sanderses amended their complaints in intervention to assert claims against fictitiously named defendants whose conduct, they alleged, wrongfully caused or contributed to the tractor-trailer accident involving Mr. Sanders. In 2017, the Sanderses once again amended their complaints to substitute ASI for a fictitiously named defendant, asserting that ASI had caused or contributed to the tractor-trailer accident. ASI filed a motion to dismiss the claims against it on the ground that it was barred by the applicable two-year statute of limitations. The trial court held the amendments related-back to the original complaint. The Alabama Supreme Court disagreed with the trial court, granted the petition for mandamus relief and directed the trial court to enter an order dismissing claims asserted against ASI. View "Ex parte American Sweeping, Inc." on Justia Law