[DOWNLOAD] "Michael L. Harris v. Nelson Gill and K. D." by Supreme Court of Alabama * Book PDF Kindle ePub Free

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• Title: Michael L. Harris v. Nelson Gill and K. D.
• Author : Supreme Court of Alabama
• Release Date : January 30, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Michael L. Harris appeals from the trial court's summary judgment in favor of Nelson Gill and K. D. Moore in this action to
recover damages for personal injury to Harris. This action was brought under Ala. Code 1975, § 25-5-11 (part of
the Alabama Workmen's Compensation Act). We reverse and remand. The summary judgment was proper in this case if there was no genuine issue of material fact and the defendants were entitled
to a judgment as a matter of law. Rule 56, A.R.Civ.P. The burden was on the defendants to make a prima facie showing that
no genuine issue of material fact existed and that they were entitled to a judgment as a matter of law. If that showing was
made, then the burden shifted to the plaintiff to present evidence creating a genuine issue of material fact, so as to avoid
the entry of a judgment against him. In determining whether there was a genuine issue of material fact, this Court must view
the evidence in the light most favorable to the plaintiff and must resolve all reasonable doubts against the defendants. Wakefield
v. State Farm Mutual Automobile Ins. Co., 572 So.2d 1220 (Ala. 1990). Because this action was not pending on June 11, 1987,
the applicable standard of review is the "substantial evidence" rule. Ala. Code 1975, § 12-21-12. "Substantial evidence"
is "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 Florida, 547 So.2d 870, 871 (Ala. 1989);
§ 12-21-12.

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