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Birmingham Airport contractor said it warned others that a sign that killed a 10-year-old boy was unsafe and that it warned others on the project and refused to install it.
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IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA
RYAN BRESETTE and HEATHER )
BRESETTE, Individually; )
RYAN BRESETTE, as Personal )
Representative and Administrator of the )
Estate of LUKE BRESETTE; and RYAN )
BRESETTE and HEATHER BRESETTE )
as Natural Parents and Next Friends of )
Their Minor Children, Anna Bresette, )
Joseph Bresette, Samuel Bresette, and )
Tyler Bresette )
)
Plaintiffs, ) Case No.: CV-2013-902242
)
vs. )
)
BRASFIELD & GORRIE GENERAL )
CONTRACTORS, INC.; BLOC GLOBAL )
SERVICES GROUP, LLC; KPS GROUP, INC.; )
A.G. GASTON CONSTRUCTION, )
COMPANY, INC.; SABER CONSTRUCTION, )
INC.; FISH CONSTRUCTION, INC.; )
MONUMENTAL CONTRACTING SERVICE, )
L.L.C.; and Fictitious Parties A )
through E, )
)
Defendants. )
DEFENDANT MONUMENTAL CONTRACTING SERVICE, L.L.C.’S MOTION FOR
SUMMARY JUDGMENT
COMES Defendant, MONUMENTAL CONTRACTING SERVICE, L.L.C.,
pursuant to Rule 56 of the Alabama Rules of Civil Procedure, and moves the Court to
enter summary judgment in its favor on the ground that there is no genuine issue of any
material fact, and Defendant is entitled to judgment as a matter of law. Defendant
ELECTRONICALLY FILED2/18/2014 5:57 PM
01-CV-2013-902242.00CIRCUIT COURT OF
JEFFERSON COUNTY, ALABAMAANNE-MARIE ADAMS, CLERK
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further moves the Court, pursuant to Rule 54(b) of the Alabama Rules of Civil
Procedure, to make said judgment in its favor final as there is no just reason for delay.
In support of this Motion for Summary Judgment, Defendant Monumental
Contracting Service, LLC (“Monumental”) says as follows:
NARRATIVE SUMMARY OF UNDISPUTED MATERIAL FACTS
Introduction
This case arises out of an accident which occurred at the Birmingham-
Shuttlesworth International Airport (“Birmingham Airport”) on March 22, 2013, in
which a flight information sign (“MUFIDS”), located near the Southwest Airlines
ticketing area, fell on certain members of the Bresette family, causing physical
injuries to Plaintiffs, Heather Bresette, Samuel Bresette, and Tyler Bresette, and
resulting in the death of Luke Bresette. (Plaintiffs’ Restated Complaint).
Plaintiffs Ryan Bresette, Anna Bresette and Joseph Bresette contend that they
were in the “zone of danger” at the time the MUFIDS fell. (Plaintiffs’ Restated
Complaint, par. 4-6). The subject MUFIDS had been installed as part of phase 1
of a renovation project at the Birmingham Airport, as discussed more fully in the
section below. (Plaintiffs’ Restated Complaint).
Airport Renovation Project
Plaintiffs’ Restated Complaint alleges that, prior to the subject accident, the
Birmingham Airport Authority (“Airport Authority”) decided to renovate the
Birmingham Airport, and following a bid selection process, hired (1) KPS Group
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as its architect-engineer; and (2) Brasfield & Gorrie General Contractors, Inc. and
BLOC Global, a Joint Venture (“the Joint Venture”), as its general contractor.
(Plaintiffs’ Restated Complaint, par. 22-24, 26).
The renovation project plans for Phase 1 called for four (4) MUFIDS to be
designed, constructed, and installed at different locations throughout the
Birmingham Airport. (Plaintiffs’ Restated Complaint, par. 30; depo of Jeff Hart,
pg. 26). The Joint Venture contracted with Fish Construction, Inc. (“Fish”), to
manufacture, assemble and install the MUFIDS as part of the renovation project.
(Plaintiffs’ Restated Complaint, par. 38; Depo of Chris Swain, pgs. 17-18).
Monumental was hired by Fish to partially assemble and install the MUFIDS.
(Plaintiffs’ Restated Complaint, par. 46; Depo of Chris Swain, pgs. 17, 23).
The four (4) MUFIDS were manufactured and/or fabricated by Fish, and
each MUFIDS unit was delivered in three pieces to the Birmingham Airport. As
part of its agreement with Fish, upon the delivery of the units to the Birmingham
Airport, Monumental’s employees would assemble the MUFIDS units and place
each MUFID at the designated location in the Birmingham Airport. (Depo of
Chris Swain, pages 17-20).
The first MUFIDS that Monumental began to assemble was to be located
in Concourse A, which was not the location of the subject MUFIDS which fell.
(Depo of Josh Aaron, pg. 27; Depo of Chris Swain, page 24). Accordingly, on
January 7, 2013, Monumental’s employees, including Josh Aaron, began
assembling the Concourse A MUFIDS. However, prior to completing the
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assembly of the Concourse A MUFIDS, Josh Aaron and his crew became
concerned about the top heaviness of the Concourse A MUFIDS, as it did not
have any bracing or anchorage mechanism to secure it. (Depo of Josh Aron,
page 36; Depo of Chris Swain, page 24, 25). Accordingly, on the same date,
Josh Aaron of Monumental notified Monumental’s project manager, Chris Swain,
of this concern. (Depo of Chris Swain, page 47; Depo of Josh Aaron, pages 35-
36).
Likewise, on the same date, January 7, 2013, at approximately 2:45
p.m., Chris Swain of Monumental sent an email to Mike Shelley of Fish, with
copies to Tony Williams of BLOC and Billy Mack Traywick of Brasfield & Gorrie,
advising of major concerns about the top heaviness and weight component factor
with the three-part MUFIDS once assembled, and requesting direction for
Monumental to stabilize the MUFIDS for safety concerns. (Depo of Chris Swain,
pages 43-46).
Thereafter, on January 7, 2013, at approximately 3:31 p.m., Mike
Shelley of Fish responded to Chris Swain’s emailed concern, by advising that he
had reviewed the architectural and red line drawings of the MUFIDS, that there
was “nothing” requesting floor anchorage, and that they were typically free
standing. (Depo of Chris Swain, pages 55-56). Tony Williams of BLOC, Billy
Mack Traywick of Brasfield & Gorrie, and Josh Aaron of Monumental were
copied on Mike Shelley’s January 7, 2013, 3:31 p.m. email. (Depo of Chris
Swain, pages 60-61).
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At 4:16 p.m. on January 7, 2013, upon his receiving Mike Shelley’s email
referenced above, Josh Aaron of Monumental replied by advising that “free
standing” would not work as the MUFIDS could be easily pushed over. (Depo of
Chris Swain, pages 61-62; Depo of Josh Aaron, pages 47-48).
At 4:33 p.m. on January 7, 2013, Mike Shelley of Fish responded directly
to Josh Aaron’s 4:16 p.m. email, advising that he would send a message to the
architect about the concern. (Depo of Chris Swain, pages 66-67; Depo of Josh
Aaron, page 53).
At 5:04 p.m. on January 7, 2013, Mike Shelly of Fish emailed the
architect, Raphael Arsenian of KPS, advising of a concern regarding the MUFIDS
being secured as the drawings did not request that they be secured. Shelley’s
email also references a safety concern in connection with the issue. (Depo of
Chris Swain, pages 68-70; Depo of Josh Aaron, pages 54-56.)
At 5:28 p.m. on January 7, 2013, Chris Swain of Monumental again
emailed Mike Shelley of Fish, with copies to Adam Barringer and Adam Fish of
Fish, and Josh Aaron of Monumental, reiterating his concerns about the stability
of the MUFIDS, and instructing Josh Aaron of Monumental to lay the Concourse
A MUFIDS on the ground the next morning “and do not assemble any more in
place until this issue is resolved.” (Depo of Chris Swain, pages 72-73; Josh
Aaron, pages 57-60). Josh Aaron of Monumental and his crew stayed with the
Concourse A MUFID that day, past their normal quitting time, until Brasfield &
Gorrie personnel arrived and took control of the Concourse A MUFIDS.
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(Deposition of Josh Aaron, pages 64-65; depo of Jeff Hart, page 122).
Thereafter, Monumental never installed any of the MUFIDS. (Depo of Tom
Killingsworth, page 96; Depo of Josh Aaron, page 60; Depo of Billy Mack
Traywick, pages 84-86).
Following this string of emails and communications on January 7, 2013,
there was discussion among Fish and KPS regarding possible solutions to
secure the MUFIDS. However, Monumental’s originally contemplated role of
partially assembling and installing the MUFIDS ceased, and Brasfield & Gorrie’s
employees actually assembled the MUFIDS and installed them, including the
subject MUFIDS which fell on March 22, 2013. (Depo of Chris Swain, pages
95-97; Depo of Josh Aaron, pages 77-78, 86; Depo of Tom Killingsworth, page
96; Depo of Jeff Hart, pages 28, 30; Depo of Billy Mack Traywick, pages 84-85,
90-91). Monumental went about completing its other work on the renovation
project. (Depo of Chris Swain, pages 99-100). Monumental was never advised
by the Joint Venture, KPS, Fish or any other person or entity that the MUFIDS,
which were installed by Brasfield & Gorrie, were unanchored. (Depo of Chris
Swain, pages 104-106; Depo of Josh Aaron, page 86).
Plaintiffs’ Allegations Against Monumental
Plaintiffs’ Restated Complaint, Count XVI, purports to state causes of
action against Monumental for (1) negligence; (2) willful conduct; (3) wantonness;
(4) breach of warranty; and (5) violation of Alabama’s Extended Manufacturer’s
Liability Doctrine for:
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a. Failing to design plans that required the MUFIDS to be properly
anchored or tied to the floor, wall or ceiling;
b. Installing the MUFIDS without anchoring or tying them to the floor;
c. Designing, creating, assembling and/or installing the MUFIDS without a
sufficient anchoring system; and
d. Failing to take corrective action when it knew or should have known that
the MUFIDS created a dangerous risk to the public.
Monumental’s Lack of Involvement with Regard to MUFIDS
Despite the allegations in Plaintiffs’ Restated Complaint, the undisputed
facts reveal that Monumental did not design or manufacture any of the MUFIDS
which were part of the airport renovation project. (Monumental’s Answers to
Plaintiff’s First Interrogatory Number 5; Depo of Josh Aaron, pgs 18-19). In fact,
as outlined fully above, the undisputed material facts in this case reveal that
Monumental’s only role with regard to the four (4) MUFIDS contemplated in the
airport renovation project was limited to partially assembling the Concourse A
MUFIDS (which was not the MUFIDS which fell), notifying Fish, Brasfield &
Gorrie, and BLOC of its concerns regarding the top-heaviness and weight
component factors of the MUFIDS, and then instructing its employees not to
assemble or install the MUFIDS until the stability issue was resolved. Thereafter,
it had no further involvement with the MUFIDS, and it is undisputed that Brasfield
& Gorrie completed assembling the MUFIDS on Concourse A and installed it,
and then assembled and installed the remaining MUFIDS, including the MUFIDS
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at issue in this case. Monumental was never notified and had no knowledge that
any of the MUFIDS were installed without anchoring or other means of securing
them in place. (Depo of Chris Swain, pages 24-25, 43-47, 55-56, 60-62, 66-73,
95-97, 99-100, 104-106; Depo of Josh Aaron, pages 27, 35-36, 47-48, 57-60, 75-
78, 86; Depo of Jeff Hart, pages 28, 30; Depo of Tom Killingsworth, page 145).
Standard of Review
A court should grant a summary judgment when the moving party shows
that no genuine issue of material fact exists. Ala. R. Civ. P. 56(c); S. Guar. Ins.
Co. v. First Ala. Bank, 540 So.2d 732, 734 (Ala. 1989). The moving party bears
the burden of making an initial showing to this effect. Lee v. City of Gadsden, 592
So.2d 1036, 1038 (Ala. 1992). If the moving party shoulders its burden and
makes this showing, “the burden then shifts to the non-movant to rebut the prima
facie showing by ‘substantial evidence.’” Id. Under the substantial evidence rule,
Ala. Code § 12-21-12 (Ala. 1975), the movant would then have to present
“evidence of such weight and quality that fair minded persons in the exercise of
impartial judgment can reasonably infer the existence of the fact sought to be
proved.” West v. Founders Life Assurance Co. of Fla., 547 So.2d 870, 871 (Ala.
1989). “Mere conclusory allegations or speculation that fact issues exist will not
defeat a properly supported summary judgment motion and bare argument or
conjecture does not satisfy the nonmoving party’s burden to offer substantial
evidence to defeat the motion.” Ex parte Ala. Peace Officers’ Stds. & Training
Comm’n, 34 So.3d 1248, 1252 (Ala. 2009) (internal citations omitted).
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Argument
Monumental is entitled to summary judgment as to each cause of action
stated against it in Plaintiff’s Restated Complaint inasmuch as there is no
genuine issue of any material fact, and Monumental is entitled to judgment as a
matter of law.
I. Monumental is Entitled to Summary Judgment on Plaintiffs’Claims of Negligence, Willfulness and Wantonness
Plaintiffs’ Restated Complaint purports to state causes of action against
Monumental for negligence, willfulness and wantonness based on the following
alleged conduct:
a. Designing the MUFIDS without a sufficient anchoring system;
b. Assembling the MUFIDS without a sufficient anchoring system;
c. Installing the MUFIDS without a sufficient anchoring system; and/or
d. Failing to take corrective action when it knew or should have known that
the MUFIDS created a dangerous risk to the public.
Despite these allegations, the undisputed facts, as set forth above, confirm that
(a) Monumental did not design the MUFIDS; (b) Monumental only partially
assembled the Concourse A MUFIDS and did not assemble the subject
MUFIDS; (c) Monumental did not install the MUFIDS; and (d) Monumental
notified Fish, Brasfield & Gorrie and BLOC of its concerns regarding the top
heaviness and weight component safety issues with the MUFIDS, and was
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thereafter relieved of any obligation to assemble or install the MUFIDS. In
fact, the MUFIDS were thereafter assembled and installed by Brasfield & Gorrie
employees. Based on these undisputed material facts, Monumental is entitled to
summary judgment with regard to Plaintiffs’ claims of negligence, willfulness and
wantonness.
A. Negligence
1. Lack of Duty
To prove a negligence claim under Alabama law, one must show “(1) a duty to
a foreseeable plaintiff; (2) a breach of that duty; (3) proximate causation; and (4)
damage or injury.” Jones Food Co. v. Shipman, 981 So.2d 355, 361 (Ala. 2006).
“Mere proof that an accident and an injury occurred is generally insufficient to
establish negligence.” George v. Alabama Power Co., 13 So.3d 360, 365 (Ala.
2008) (internal citations omitted). Whether a duty exists is the threshold inquiry in
a negligence case. Ledbetter v. United American Ins. Co., 624 So.2d 1371 (Ala.
1993). Where the plaintiffs fail to present substantial evidence of a duty owed by
the defendant, claims for negligence cannot stand. Id.
In this case, Monumental had no duty to design the MUFIDS, and did not
design the MUFIDS. Additionally, after becoming concerned with the stability of
the MUFIDS during the partial assembly of the first MUFIDS to arrive (which was
not the MUFIDS that fell), Monumental reported its concerns up the proper chain
of command. (Depo. Josh Aaron, p. 36; and Depo. Chris Swain, p. 44-47).
Monumental then ceased the assembly and installation of the MUFIDS and
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waited for a solution to stabilize the MUFIDS. (Depo. Chris Swain, p. 78).
However, the installation of the MUFIDS was taken out of Monumental’s scope of
work. Id. at 95-96.
Accordingly, Monumental had no duty of design, assembly or installation
as it pertained to the subject MUFIDS which fell. Without a duty on the part of
Monumental relating to that MUFIDS, Plaintiffs’ claim of negligence must fail, and
summary judgment should be granted in favor of Monumental as to that claim.
2. Lack of Negligence by Monumental
The negligence claims against Monumental further fail because there is no
evidence that Monumental acted negligently in any manner. First and foremost,
with regard to the subject MUFIDS, Monumental had no involvement in the
design, assembly or installation, and accordingly, could not have acted
negligently with regard to that MUFIDS.
Additionally, even with regard to the only MUFIDS which Monumental
partially assembled, the one on Concourse A, Monumental’s employees
recognized stability issues prior to completing assembly and immediately
reported those issues to Fish, Brasfield & Gorrie and BLOC. (Depo. Josh Aaron,
p. 36; and Depo. Chris Swain, p. 44-47).
The undisputed facts in this case make clear that Monumental did not act
negligently with regard to the MUFIDS, and accordingly, summary judgment is
due to be entered in favor of Monumental on Plaintiffs’ negligence claims.
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B. Willfulness and Wantonness
Before a party can be found wanton, it must be shown that with reckless
indifference to the consequences, the party consciously and intentionally did
some wrongful act which produced injury. Hamme v. CSX Transportation, Inc.,
621 So.2d 281 (Ala. 1993). (emphasis supplied).
Willful conduct claims require an even higher burden than wantonness. “To
constitute ‘willful or intentional injury,’ there must be knowledge of danger
accompanied with a design or purpose to inflict injury, whether the act be one
of omission or commission.” Hooper v. Columbus Reg'l Healthcare Sys., Inc.,
956 So. 2d 1135, 1140 (Ala. 2006). Given the heightened burden imposed by
Alabama law, it is a rare personal injury case where the operative legal principles
involve willfulness. Roberts & Cusimano, Ala. Tort Law § 3.04 (5th ed. 2010).
As demonstrated otherwise herein, the undisputed facts make clear that
Monumental did not design, assemble or install the subject MUFIDS. It took no
action or omitted any action, willfully or otherwise, with regard to that MUFIDS.
There is certainly no evidence of intentional conduct on its part leading to the
subject accident. Monumental’s employee performed no work on the MUFIDS
after its employees reported their concerns regarding the MUFIDS, and in fact,
the installation and assembly of the remaining MUFIDS was removed from
Monumental’s scope of work. (Depo. Chris Swain, p. 78, 94-95). Plaintiffs simply
cannot show that this Defendant intentionally acted in a way so as to harm any
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members of the Bresette family. Accordingly, summary judgment is due to be
entered in favor of Monumental on Plaintiffs’ wanton and willful conduct claims.
II. Monumental Is Entitled To Judgment In Its Favor As A Matter Of Law
As To Plaintiffs’ AEMLD Claims
In Casrell v. Altec Indus., Inc., the Alabama Supreme Court articulated the
prima facie elements for a claim under the AEMLD, which are as follows:
To establish liability, a Plaintiff must show:
(1) he suffered injury or damages to himself or his property
by one who sells a product in a defective condition
unreasonably dangerous to the Plaintiff as the ultimate
user or consumer, if
(a) the seller is engaged in the business of selling
such a product, and
(b) it is expected to and does reach the user or
consumer without substantial change in the
condition in which it is sold.
Casrell v. Altec Indus., Inc., 335 So.2d 128, 132 (Ala. 1976).
Rutledge v. Arrow Aluminum Indus., Inc., 733 So.2d 412, 417
(Ala.Civ.App.1998) is particularly instructive on this issue. In Rutledge, Rutledge
filed an action against four named defendants: Woodmere Creek Apartments,
Jackson Management Group, Inc., Arrow Aluminum Industries, Inc., and Foshee
Builders, Inc. Arrow Aluminum and Foshee Builders were charged with
negligence/wantonness, breach of warranty, and violation of the Alabama
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Extended Manufacturer's Liability Doctrine (AEMLD). Rutledge v. Arrow
Aluminum Indus., Inc., 733 So. 2d at 414. Rutledge, who was a resident of
Woodmere Creek Apartments, was attacked in her bed in her apartment and
raped by an unidentified person. She had locked the sliding glass door leading
from the outside into her apartment. Id. The attacker entered the apartment
through the sliding glass door, without breaking the glass or the door. Id. at 14-
15. Arrow Aluminum designed and manufactured the door. Id. at 15. Foshee
Builders constructed the apartments and procured the door, and a subcontractor
installed the door. Id. The Court held that a builder who hired subcontractor
to install door was “not in the business of selling sliding glass doors,” and,
thus, was not the “seller” of door for purposes of establishing a violation of
the AEMLD. Id. at 417.
Similarly, Monumental was never in the business of selling MUFIDS and
had only agreed to assemble and install the MUFIDS; however, it is undisputed
that Monumental’s contemplated role of assembling and installing the MUFIDS
ceased after it reported concerns regarding the first MUFIDS assembled in
Concourse A. Monumental was not the “seller” of the MUFIDS for purposes of
establishing a violation of the AEMLD under the Rutledge Court’s definition of a
seller. See Rutledge, supra, 733 So.2d at 417. Thus, Plaintiffs’ AEMLD claim
necessarily fails.
Holding a subcontractor such as Monumental liable under the AEMLD
would contravene the doctrine’s scope and purpose. “The AEMLD is founded on
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‘broader moral notions of consumer protection and on economic and social
grounds, placing the burden to compensate for loss incurred by defective
products on the one best able to prevent the distribution of these products.”
Bloodsworth v. Smith & Nephew, CIV.A. 2:05CV622-D, 2005 WL 3470337 (M.D.
Ala. Dec. 19, 2005) (quoting Atkins v. American Motors Corp., 335 So.2d 134,
139 (Ala. 1976)). It stands to reason that Monumental, a subcontractor who did
not design, manufacture, or sell, nor ultimately install or assemble the subject
MUFIDS, was in no position to prevent the distribution of the MUFIDS even if
they were defective within the meaning of the AEMLD. Accordingly, summary
judgment is due to be entered in favor of Monumental on Plaintiffs’ AEMLD
claims.
III. Monumental Is Entitled To Judgment In Its Favor As A Matter Of Law
As To Plaintiffs’ Breach of Warranty Claims
A breach of warranty claim is viable only against the “seller” of the goods.
See Ala.Code §§ 7-2-313(1), 7-2-314(1), 7-2-315(1) (express and implied
warranty claims refer only to warranties created by the seller of a product). As
discussed supra, Monumental was not a “seller” or even a “manufacturer” of the
MUFIDS; rather, at best, Monumental was an agent of the “seller” in its originally
contemplated role as the assembler and installer of the MUFIDS. Even if
Monumental had assembled and installed the subject MUFIDs, which it was
relieved of doing and did not do, Plaintiffs cannot maintain a breach of warranty
claim against Monumental under Alabama law. Accordingly, summary judgment
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is due to be entered in favor of Monumental on Plaintiffs’ breach of warranty
claims.
Conclusion
There is no evidence that Monumental negligently, wantonly, wilfully or
otherwise acted in violation of the laws of the State of Alabama. In sum, there is
no evidence that Monumental designed, engineered, assembled, installed,
manufactured, fabricated, or otherwise constructed the MUFIDS involved in the
subject accident. In short, after numerous depositions and in excess of
approximately fifty thousand (50,000+) pages of document production among the
various parties, there is no evidence, much less substantial evidence, implicating
Monumental in this case. Because the Plaintiffs cannot prove the necessary
elements of their alleged causes of action, Monumental requests that this Court
enter final summary judgment in its favor and dismiss all claims against
Monumental with prejudice.
WHEREFORE, premises considered, Defendant Monumental Contracting
Services, L.L.C. moves the Court to enter a final Summary Judgment in its favor,
dismissing the case with prejudice, pursuant to Rule 56 of the Alabama Rules of
Civil Procedure, on the ground that there is no genuine issue as to any material
fact and the Defendant is entitled to judgment as a matter of law. Defendant
further moves the Court, pursuant to Rule 54(b) of the Alabama Rules of Civil
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Procedure, to make said judgment in its favor final, as there is no just reason for
delay.
Respectively submitted,
/s/ Jack J. HallJack J. Hall (HAL035)
/s/ Christy C. GlidewellChristy C. Glidewell (OSB014)
Attorneys for Defendant,Monumental Contracting Services,L.L.C.
CERTIFICATE OF SERVICE
I hereby certify that on this 18th day of February, 2014, a copy of the above
pleading has been served on all counsel of record by filing same with the Court’s
electronic filing system / Alafile:
Jeff Friedman
Attorney for Plaintiffs
Friedman, Dazzio, Zulanas, & Bowlings, P.C.
3800 Corporate Woods Drive
Birmingham, AL 35242
Tim Dollar
Tim Becker
Attorneys for Plaintiffs
Dollar, Burns & Beckers, L.C.
1100 Main Street, Suite 2600
Kansas City, MO 64105
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Jody Peddy
Todd Hamilton
Robert Stewart
Attorneys for Brasfield & Gorrie General Contractors, Inc.
and Bloc Global Services Group, LLC
Smith, Spires & Peddy, P.C.
2015 2nd Avenue North, Suite 200
Birmingham, AL 35203
Kathy Davis
Thomas Creel
Michael Renta
Attorneys for KPS Group, Inc.
Carr Allison
100 Vestavia Parkway
Birmingham, AL 35216
Robert Girardeau
H. Lanier Brown, II
Attorneys for A.G. Gaston Construction Company, Inc.
and Saber Construction Company, Inc.
Huie, Fernambucq & Stewart, LLP
2801 Highway 280 South, Suite 200
Birmingham, AL 35223
James C. Gray, III
James S. Lloyd
Attorneys for A.G. Gaston Construction Company, Inc.
and Saber Construction Company, Inc.
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Lloyd, Gray, Whitehead & Monroe
2501 20th Pl S # 300
Birmingham, AL 35223
Timothy P. Donahue
Timothy P. Donahue, Jr.
Attorneys for BLOC Global Services Group, LLC
Donahue & Associates, LLC
1020 22nd Street South
Birmingham, Alabama 35205
Roderick K. Nelson
Attorney for Fish Construction, Inc.
Spain & Gillon
2117 2nd Avenue North
Birmingham, AL 35203
Ben Westcott
Attorney for Fish Construction, Inc.
Andrews Myers
3900 Essex Lane, Suite 800
Houston, TX 77027-5198
/s/ Jack J. Hall
OF COUNSEL
