EX PARTE GRADFORD

1951102.

699 So.2d 149 (1997)

Ex parte Perry S. GRADFORD. (Re Perry S. GRADFORD v. NICHOLS CONCRETE EQUIPMENT COMPANY, INC.).

Supreme Court of Alabama.

April 18, 1997.


Attorney(s) appearing for the Case

Mark C. Wolfe and Stephen C. Moore of Sigler, Moore, Clements & Wolfe, Mobile, for petitioner.

Davis Carr, Helen Johnson Alford, and Rachel Sanders-Cochran of Carr, Alford, Clausen & McDonald, L.L.C., Mobile, for respondent.

Russell Jackson Drake of Cooper, Mitch, Crawford, Kuykendall & Whatley, Birmingham, for amicus curiae Alabama Trial Lawyers Ass'n, in support of petitioner Gradford.


ALMON, Justice.

This Court granted Perry S. Gradford's petition for the writ of certiorari to consider his argument that the affirmance by the Court of Civil Appeals (Gradford v. Nicholas Concrete Equip. Co., 699 So.2d 145 (Ala.Civ. App.1996)) conflicts with several cases and statutes regarding a plaintiff's burden of proof. The circuit court instructed the jury that "The burden of proof is upon the plaintiff to reasonably...

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