Gradford v. Nichols Concrete Equipment Co.

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 eases and statutes regarding a plaintiffs burden of proof. The circuit court instructed the jury that “The burden of proof is upon the plaintiff to reasonably satisfy you by substantial 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…