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REED v. STEMPIEN

84-467.

475 So.2d 841 (1985)

Carol REED and Cleve Reed v. Len STEMPIEN and Craig Lunn.

Supreme Court of Alabama.

Rehearing Denied August 30, 1985.

Attorney(s) appearing for the Case

Lee L. Hale and James L. Teague of Hale, Hughes & Teague, Mobile, for appellants.

Dewitt Reams and Patricia K. Olney of Reams, Vollmer, Philips, Killion, Brooks & Schell, Mobile, for appellees.

SHORES, Justice.

Defendants are co-employees of plaintiff Carol Reed. Her claim is based on personal injuries; her husband Cleve sued derivatively for loss of consortium. The suit was filed almost four years after plaintiff Carol Reed was injured. Because the statute of limitations of one year bars a tort action, § 6-2-39, Ala. Code 1975, the plaintiffs characterize their claims as breach of contract claims. Notwithstanding this characterization, the complaint...

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