Hempfleng v. Smith

“In a medical malpractice case, ... Rule 56 must be read in conjunction with the 'substantial evidence rule’ set forth at § 6-5-548(a) of the Alabama Liability Act.” Hawkins v. Carroll, 676 So.2d 338, 340 (Ala.Civ.App.1996); see also, Dansby v. Hagood, 719 So.2d 839, 841 (Ala.Civ.App.1998). Section 6-5-542(5), Ala.Code 1975, defines “substantial evidence”:

“Substantial evidence is that character of admissible evidence which would convince an unprejudiced thinking mind of the truth of the fact to which the evidence is directed.”

Section 6-5-548(a) provides in part:

“[t]he plaintiff shall have the…