Ex Parte Gradford

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 ConcreteEquip. 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 satisfy you bysubstantial evidence" as to Gradford's negligence claim and that "The law requires that the plaintiff prove the material allegations of one or more of his wantonness claims by…