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767 So. 2d 1107

Vickers v. Dover Elevator Company

Supreme Court of Alabama

Decided March 31, 2000

Supreme Court of Alabama · decided 2000-03-31

Relies on Smoyer v. BIRMINGHAM A. CHAMBER OF COM. · Wint v. Alabama Eye & Tissue Bank

Decided 2000-03-31

SEE, Justice

¶1(dissenting).

¶2I must respectfully dissent. This Court has held that “[e]vidence that affords nothing more than mere speculation, conjecture, or guess is completely insufficient to warrant the submission of a case to the jury.” Smoyer v. Birmingham Area Chamber of Commerce, 517 So.2d 585, 588 (Ala.1987). Accord Wint v. Alabama Eye & Tissue Bank, 675 So.2d 383, 385 (Ala.1996). The record contains no evidence indicating that English or any other Dover employee bypassed the safety interlock. Thus, Dover and English were entitled to a summary judgment.

¶3HOUSTON and BROWN, JJ., concur.

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