Birmingham Coal Coke Co., Inc. v. Johnson

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, Inc., to perform blasting at the mine; the blasting continued through 2004. The plaintiffs, who lived near the blasting site, sued Birmingham Coal in the…