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BIRMINGHAM COAL & COKE CO. v. JOHNSON

1070303.

10 So.3d 993 (2008)

BIRMINGHAM COAL & COKE COMPANY, INC. v. Charlotte JOHNSON et al.

Supreme Court of Alabama.

December 5, 2008.

Attorney(s) appearing for the Case

Jeff Friedman, J. Michael Bowling, and David T. Gordon of Friedman, Leak, Dazzio, Zulanas & Bowling, P.C., Birmingham, for appellant.

Garve W. Ivey, Jr., of The Ivey Law Firm, Jasper, for appellees.

Edward R. Jackson and James C. Brakefield of Jackson, Fikes, Hood & Brakefield, Jasper; and Fournier J. Gale III of Maynard, Cooper & Gale, PC, Birmingham, for amicus curiae Alabama Coal Association, in support of the appellant.

SEE, Justice.

Birmingham Coal & Coke Company, Inc. ("Birmingham Coal"), appeals from a judgment awarding monetary damages to Charlotte Johnson and 18 other plaintiffs ("the plaintiffs") for property damage and for emotional distress and mental anguish. We affirm in part, reverse in part, and remand.

Facts and Procedural History

Birmingham Coal operated a surface coal mine in Winston County. In 2001, Birmingham Coal hired Boren Explosives...

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