Harris v. Gill

Michael L. Harris appeals from the trial court's summary judgment in favor of Nelson Gill and K.D. Moore in this action to recover damages for personal injury to Harris. This action was brought under Ala. Code 1975, § 25-5-11 (part of the Alabama Workmen's Compensation Act). We reverse and remand.

The summary judgment was proper in this case if there was no genuine issue of material fact and the defendants were entitled to a judgment as a matter of law. Rule 56, A.R.Civ.P. The burden was on the defendants to make a prima facie showing that no genuine issue of material fact existed and that…