September 2008 - The Alabama Court of Civil Appeals affirmed an award of Summary Judgment in favor of a client represented by Monty Montgomery
September 2008. The Alabama Court of Civil Appeals recently affirmed an award of Summary Judgment in favor of a client represented by Monty Montgomery. The Court affirmed, without opinion, the granting of summary judgment by the Circuit Court of Baldwin County, Alabama. The case involved allegations of negligence, wantonness, negligent and wanton hiring, retention and supervision and fraud against a teacher, a principle and the members of the Board of Directors of a private school in Baldwin County, Alabama. The Plaintiff alleged that his daughter was exposed to lumber treated with Copper Chromated Arsenic (CCA) when she participated in the school's woodworking class. CCA, which has been banned in the United States, is a chemical compound used to "pressure treat" lumber to prevent rotting due to moisture and bug infestation. The Court granted summary judgment based upon the Volunteer Services Act, an act which provides immunity to a volunteer serving on a board such as the School's Board of Directors, along with the Plaintiff's general failure to prove his claims of wantonness, fraud and wanton hiring, retention and supervision.
