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BROWN ELECTRO MECHANICAL SYSTEMS, INC. v. THOMPSON ENGINEERING, INC.

1011457.

848 So.2d 238 (2002)

BROWN ELECTRO MECHANICAL SYSTEMS, INC. v. THOMPSON ENGINEERING, INC., and Cincinnati Insurance Company.

Supreme Court of Alabama.

October 11, 2002.

Attorney(s) appearing for the Case

H.E. Nix, Jr., Kenneth A. Hitson, Jr., and Pascal Bruijn of Nix, Holtsford, Gilliland, Higgins & Hitson, P.C., Daphne, for appellant.

Howard Y. Downey of Lloyd, Gray & Whitehead, P.C., Birmingham, for appellee Thompson Engineering, Inc.

Norman E. Waldrop, Jr., and M. Kathleen Miller of Armbrecht Jackson, LLP, Mobile, for appellees.

LYONS, Justice.

Brown Electro Mechanical Systems, Inc. ("Brown"), appeals from the trial court's order dismissing its cross-claim against Thompson Engineering, Inc. ("Thompson"), and Cincinnati Insurance Company ("Cincinnati"). We affirm.

I. Facts and Procedural History

On May 27, 2000, Tony Sanspree was swimming near Dauphin Island. While he was in the water, he saw several ducks swim under a boat ramp. He got out of the water and stood on...

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