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Nollie v. Jim Wilson & Associates3/17/2000
OCTOBER TERM, 1999-2000
Maureen Nollie sued Jim Wilson & Associates, Inc. ("Wilson"), on January 21, 1999, seeking to recover damages for injuries she claimed to have sustained while on certain premises owned and maintained by Wilson. Wilson moved the court for a summary judgment on August 16, 1999. The court entered a summary judgment in favor of Wilson on August 25, 1999. Nollie appeals.
In reviewing the disposition of a motion for summary judgment, we use the same standard the trial court used in determining whether the evidence before it presented a genuine issue of material fact and whether the movant was entitled to a judgment as a matter of law. Bussey v. John Deere Co., 531 So. 2d 860, 862 (Ala. 1988); Rule 56(c), Ala. R. Civ. P. When the movant makes a prima facie showing that no genuine issue of material fact exists, the burden shifts to the non-movant to present substantial evidence creating such an issue. Bass v. SouthTrust Bank of Baldwin County, 538 So. 2d 794 (Ala. 1989). Evidence is "substantial" if it is of "such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So. 2d 870, 871 (Ala. 1989). This court must review the record in a light most favorable to the non-movant and must resolve all reasonable doubts against the movant. Hanners v. Balfour Guthrie, Inc., 564 So. 2d 412 (Ala. 1990).
Viewed in a light most favorable to Nollie, the evidence indicates that on September 21, 1997, Nollie filed in the United States Bankruptcy Court for the Northern District of Alabama a voluntary bankruptcy petition under Chapter 13 of the United States Bankruptcy Code. On March 5, 1998, she slipped and fell while on premises owned and maintained by Wilson. Several months later, she contacted attorney Edward Eugene Mays about pursuing possible litigation against Wilson. Mays informed Nollie that cases like hers were "very difficult to win." Nollie was then referred by a friend to attorney Carole C. Smitherman, who suggested that Nollie see another attorney. Nollie stated in her affidavit that she could not recall the third attorney's name, but that he also informed her that her type of case was "difficult to win." Within a week of contacting this third attorney, Nollie received a letter from him informing her that he would not take her case. Nollie then contacted the lawyer-referral service of the Birmingham Bar Association and was given the name of her present attorney, Frank S. Buck; however, Nollie did not immediately contact Buck.
On September 25, 1998, Nollie filed a notice of conversion of her bankruptcy case from Chapter 13 to Chapter 7. On October 1, 1998, Nollie's bankruptcy attorney amended her bankruptcy schedule to add to the list of creditors Regional Paramedical SVCS-Hoover. This debt was incurred as a result of the incident made the basis of this lawsuit. On October 6, 1998, the Bankruptcy Court entered an order converting Nollie's bankruptcy case to Chapter 7 status. Nollie contacted Wilson and its insurance company and requested that she be reimbursed for her time lost from work because of the injuries she sustained. She received a letter from Wilson's insurance company on October 14, 1998, informing her that after reviewing the case it had determined that Wilson was not responsible for any loss incurred; however, the insurance company did offer to reimburse Nollie for her medical expenses.
After receiving the letter of October 14, 1998, from Wilson's insurance company, Nollie decided to have Buck review the letter. Nollie testified that she thought because she had obtained Buck's name
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