Appeal
from Mobile Circuit Court (CV-18-900446)
HANSON, JUDGE.
James
Brooks appeals from a judgment of the Mobile Circuit Court
disposing of his claims against Austal USA, LLC
("Austal"), by determining that they were barred by
the applicable statute of limitations. We reverse and remand.
Facts
and Procedural History
On
February 23, 2016, Brooks allegedly suffered a workplace
injury while employed by Austal. On February 16, 2018, Brooks
filed a complaint for workers' compensation benefits
against Austal in the Mobile Circuit Court. There is no
dispute that the complaint was filed within the two-year
statute of limitations applicable to claims for workers'
compensation benefits. See generally Ala. Code 1975,
§ 25-5- 80. Brooks's complaint included instructions
for the circuit clerk to serve a summons and a copy of the
complaint on Austal by certified mail at the following
address:
"Austal USA, LLC
c/o CSC Lawyers Incorporating SVC. Inc.
150 S. Perry St.
Montgomery, AL 36104"
The
summons was issued by the clerk via certified mail on
February 21, 2018. On March 1, 2018, the clerk made a docket
entry noting that the summons had been returned with the
notation "not found."
On
October 9, 2018, Brooks supplied the clerk with an alias
summons for service by certified mail at the following
address:
"Austal USA, L.L.C.
c/o Corporation Service Co.
641 S. Lawrence St.
Montgomery, AL 36104"
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