BRYAN v. ALABAMA POWER CO.

1060693.

20 So.3d 108 (2009)

Judith P. BRYAN et al. v. ALABAMA POWER COMPANY.

Supreme Court of Alabama.

Rehearing Denied April 10, 2009.


Attorney(s) appearing for the Case

George W. Walker III and J. David Martin of Copeland, Franco, Screws & Gill, P.A., Montgomery, for appellants.

Edward S. Allen, Ed R. Haden, and Stephen M. Parham of Balch & Bingham, LLP, Birmingham; and James A. Byram, Jr., and Paul A. Clark of Balch & Bingham, LLP, Montgomery, for appellee.

R. Bernard Harwood of Rosen Harwood, P.A., Tuscaloosa; Robert A. Huffaker of Rushton, Stakely, Johnston & Garrett, P.C., Montgomery; and Deborah Alley Smith of Christian & Small, LLP, Birmingham, for amici curiae Alabama Farmers Federation and American Land Foundation, in support of the appellants.

Robert E. Sasser and Joel Connally of Sasser, Bolton & Sefton, P.C., Montgomery, for Water Works and Sanitary Sewer Board of the City of Montgomery; and Richard H. Allen of Capell & Howard, P.C., Montgomery, for Alabama Forestry Association, Inc., for amici curiae Water Works and Sanitary Sewer Board of the City of Montgomery and Alabama Forestry Association, Inc., in support of the appellee.

J. Gorman Houston, Jr., of Lightfoot, Franklin & White, L.L.C., Birmingham; and Hugh Maddox, Montgomery, for amicus curiae Lake Martin Resources Association, in support of the appellee.


LYONS, Justice.1

Judith P. Bryan and 35 other parties (collectively "the farmers") appeal from a summary judgment entered in favor of Alabama Power Company ("APCo") by the Elmore Circuit Court on their claims of negligence and wantonness. We affirm.

I. Procedural History

The farmers sued APCo in the Elmore Circuit Court on February 25, 2005. They alleged that APCo negligently...

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