[DOWNLOAD] "Joe Hardy Knight v. Alabama Power Company" by Supreme Court of Alabama # eBook PDF Kindle ePub Free
eBook details
- Title: Joe Hardy Knight v. Alabama Power Company
- Author : Supreme Court of Alabama
- Release Date : January 11, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Joe Hardy Knight sued Alabama Power Company, alleging that Alabama Power was negligent in the location of a transmission wire
and that its alleged negligence resulted in injury to Knight. Alabama Power raised, among other things, the defense of contributory
negligence. Thereafter, Alabama Power filed a motion for summary judgment. At the hearing on Alabama Power's motion, Knight
filed an amended response to the motion, asking the trial court to adopt the doctrine of comparative negligence. The trial
court granted Alabama Power's motion for summary judgment and denied Knight's motion to adopt the doctrine of comparative
negligence. Knight appeals. We affirm. Summary judgment was proper in this case if there was no genuine issue of material fact and Alabama Power was entitled to
a judgment as a matter of law. Rule 56, A.R.Civ.P. The burden was on Alabama Power to make a prima facie showing that no genuine
issue of material fact existed and that it was entitled to a judgment as a matter of law. If that showing was made, then the
burden shifted to Knight to present evidence creating a genuine issue of material fact, so as to avoid the entry of a judgment
against him. See, Stafford v. Mississippi Title Insurance Co., 569 So.2d 720 (Ala. 1990); see, also, DuPont v. Yellow Cab
Co. of Birmingham, Inc., 565 So.2d 190 (Ala. 1990). In determining whether there was a genuine issue of material fact, we
must view the evidence in a light most favorable to Knight and must resolve all reasonable doubts against Alabama Power. Because
this case was filed after June 11, 1987, the applicable standard of review is the "substantial evidence" rule. Ala. Code 1975,
§ 12-21-12. "Substantial evidence" has been defined as "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).