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BATHGATE v. MOBILE COUNTY BD. OF SCHOOL COM'RS

2950767.

689 So.2d 109 (1996)

Stephen E. BATHGATE, Sr., and Ann E. Bathgate, Individually, and as Parents and Next Friends of Stephen E. Bathgate, Jr., a Minor v. MOBILE COUNTY BOARD OF SCHOOL COMMISSIONERS, et al.

Court of Civil Appeals of Alabama.

Rehearing Denied December 6, 1996.

Certiorari Denied March 14, 1997.

Attorney(s) appearing for the Case

Peter F. Burns and William M. Cunningham, Jr., of Burns, Cunningham & Mackey, P.C., Mobile, for appellants.

John N. Leach, Jr., of Helmsing, Lyons, Sims & Leach, P.C., Mobile; and Joel F. Danley, Mobile, for Mobile County Health Department, Dr. Bernard H. Eichold II, and Clarence F. Erdman, Jr.

Robert C. Campbell III and Steven L. Terry of Sintz, Campbell, Duke & Taylor, Mobile, for Charles Ratcliffe, Paul J. Sousa, Phillip G. Russell, Alfred Kearley, Albert Lowery, and Wilton Lowery.

Jeff Sessions, Attorney General, and John R. Wible, Assistant Attorney General and General Counsel, for amicus curiae State Dept. of Public Health.

Alabama Supreme Court 1960513.

L. CHARLES WRIGHT, Retired Appellate Judge.

Stephen E. Bathgate, Jr., alleges that he contracted cryptococcal meningitis as the result of his exposure to pigeon feces while he was a student at Shaw High School.

Bathgate, acting by and through his parents, sued the Mobile County Board of Education; the members of the Board, individually, and in their official capacity; Paul Sousa (the facilities manager for the Mobile...

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