ELECTRONICALLY FILED 6/20/2008 4:05 PM CV-2008-900690.00 CIRCUIT COURT OF BALDWIN COUNTY, ALABAMA JODY WISE CAMPBELL, CLERK
IN THE CIRCUIT COURT OF BALDWIN COUNTY, ALABAMA BALDWIN COUNTY BOARD OF EDUCATION, Plaintiff, v. MELVIN PIERCE PAINTING, INC., Fictitious Defendants, A, B, C, D, E, F, and/or G, Defendants. * * * * * * * * * * * * *
CIVIL ACTION NO.: CV # TRIAL BY JURY DEMANDED
COMPLAINT The Baldwin County Board of Education, files its Complaint against the Defendant Melvin Pierce Painting, Inc., and fictitious Defendants A-G, and in support of its Complaint would show unto the court as follows: Parties 1. Plaintiff is the duly elected Board of Education of Baldwin County,
Alabama (hereinafter “the Board”), having responsibility for the general administration and supervision of the educational interests of Baldwin County, Alabama. 2. Defendant Melvin Pierce Painting, Inc., (hereinafter “Pierce”) is an
Alabama corporation with its principal place of business in Mobile County, Alabama. 3. Fictitious Defendants A, B, C, D, E, F, and/or G are those persons,
corporations, partnerships, limited partnerships, limited liability companies or
other legal entities who participated in and/or performed painting or sandblasting work at Spanish Fort Elementary School (hereinafter “SFES”), failed to properly supervise construction/painting work at SFES, negligently failed to protect the premises at SFES and/or had any involvement in the activities described more particularly in the Complaint. These fictitious
defendants’ names, identities and whereabouts are unknown to Plaintiff at this time but will be supplemented upon discovery. Factual Background 4. On or about October 26, 2007, Pierce contracted with the Board to
perform painting and painting preparation services. 5. Pursuant to this contract, Pierce undertook to perform services at
SFES as described in the attached invoice. (See Exhibit “A”). 6. Following initiation of the work on or about December 20, 2007,
Defendants began performing sandblasting operations to remove existing paint from surfaces which would be primed and painted. The Defendants used
commercial sandblasting equipment with abrasive sand material discharged at high pressure to remove the existing paint. 7. The Defendants failed to seal openings on the exterior of the school
classrooms in areas surrounding its sandblasting. The sandblasting material and the abraded paint sandblasted by Defendants became airborne causing the particulates to migrate through the unsealed openings in the school buildings. These airborne particulates were also pulled into the heating and air
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conditioning system through the exterior ventilation vents which were not sealed off or otherwise protected by Defendants. The airborne particulates
generated by the Defendant’s sandblasting ultimately covered the exteriors of the buildings, the grounds of SFES as well as the interiors, contents and occupants of various buildings at the school. 8. After some of the occupants expressed concern about the dusty
conditions throughout the buildings, a test was performed which indicated this blast mixture generated by the Defendant’s sandblasting of painted surfaces at SFES contained potentially dangerous levels of lead. This resulted in the
school’s closure for many weeks in order to contain and remove the harmful particulates generated by the Defendant’s sandblasting operations at great expense to Plaintiff. COUNT ONE Negligence 9. 10. Plaintiff adopts and incorporates paragraphs 1-8 above. The damages suffered by Plaintiff were proximately caused by
the negligence of Defendants Pierce, and/or A, B, C, D, E, F, and/or G in one or more of the following ways: (a) negligently failing to prepare the site prior to beginning
sandblasting operations in order to limit the introduction of airborne particulates throughout the school buildings and premises;
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(b)
negligently sandblasting existing paint surfaces without first
testing for the presence of lead, which is known to be toxic and harmful to health. WHEREFORE, Plaintiff demands judgment against Defendants Pierce, and/or A, B, C, D, E, F, and/or G, jointly and severally, in an amount exceeding the minimum jurisdictional limit of this Court, plus interest and costs of Court. COUNT TWO Wantonness 11. 12. Plaintiff adopts and incorporates paragraphs 1-10 above. The damages suffered by Plaintiff were proximately caused by
the wantonness of Defendants Pierce, and/or A, B, C, D, E, F, and/or G in one or more of the following ways: (a) wantonly failing to prepare the site prior to beginning sandblasting
operations in order to limit the introduction of airborne particulates throughout the school buildings and premises; (b) wantonly sandblasting existing paint surfaces without first testing
for the presence of lead which is known to be toxic and harmful to health. WHEREFORE, Plaintiff demands judgment against Defendants, Pierce, and/or A, B, C, D, E, F, and/or G, jointly and severally, in an amount
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exceeding the minimum jurisdictional limit of this Court, plus interest and costs of Court. COUNT THREE Breach of Contract 13. 14. Plaintiff adopts and incorporates paragraphs 1-12 above. Defendant Pierce contracted to, among other things, prepare the
school prior to sandblasting in a manner that would protect the premises and its occupants. 15. properly Defendant Pierce breached its contract in this case by failing to prepare and secure the school buildings prior to initiating
sandblasting operations, resulting in contamination with toxic blast mixture which contained lead particulates. 16. Defendant Pierce’s breach of contract has caused Plaintiff to suffer
damages as set forth hereinabove. WHEREFORE, Plaintiff demands judgment against Defendant Melvin Pierce Painting, Inc. in an amount exceeding the minimum jurisdictional limit of this Court, plus interest and costs of Court.
Respectfully submitted, s/James Lynn Perry JAMES LYNN PERRY (PER041) WILLIAM D. ANDERSON (AND088) Attorneys for Plaintiff, Baldwin County Board of Education
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OF COUNSEL: Daniell, Upton, Perry & Morris, P.C. Post Office Box 1800 Daphne, Alabama 36526 (251) 625-0046 (telephone) (251) 625-0464 (facsimile) E-mail Address: jlp@dupm.com
PLAINTIFF RESPECTFULLY DEMANDS A TRIAL BY JURY. BY: s/James Lynn Perry JAMES LYNN PERRY (PER041) Attorneys for Plaintiff, Baldwin County Board of Education
THE DEFENDANTS TO BE SERVED BY CERTIFIED MAIL:
MELVIN PIERCE PAINTING, INC. c/o Melvin E. Pierce 9501 Spice Pond Road Extension Semmes, Alabama 36575
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