Findley v. Alabama Power Co.

I would affirm the summary judgment in favor of Alabama Power Company; therefore, I must respectfully dissent.

To defeat Alabama Power’s, motion for a summary judgment on the issue of negligence, Findley must present substantial evidence, or “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,” in support of her claim. West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989). In order to establish negligence, Findley must present evidence (1) that Alabama…