Merritt v. WAYNE GARGUS PONTIAC-GMC TRUCK

This is an appeal from a summary judgment entered in favor of the defendant, Wayne Gargus Pontiac-GMC Truck, Inc. ("Gargus").

Initially, we note that to enter a summary judgment, the trial court must determine that there are no genuine issues of material fact and that the moving party is entitled to a judgment as a matter of law. Rule 56(c), Ala. R. Civ. P.;Silk v. Merrill Lynch, Pierce, Fenner Smith, 437 So.2d 112 (Ala. 1983). For cases filed after June 11, 1987, Rule 56 is read in conjunction with the "substantial evidence rule," §12-21-12, Ala. Code 1975. See Bass v. SouthTrust Bank…