This Court has noted: "'"The mere skidding of an automobile on an icy street does not necessarily prove negligence of the driver of the car."'"Harris v. Brewer, 487 So.2d 252, 254-55 (Ala. 1986) (quoting National Biscuit Co. v. Wilson, 256 Ala. 241, 246, 54 So.2d 492, 496 (1951), quoting in turn Kaczmarek v. Murphy, 78 Ohio App. 449, 452, 70 N.E.2d 784, 786 (1946)). Alabama law also states that "[t]he mere possibility that negligence caused an injury, without evidence, is not sufficient to support a verdict."
When a driver loses control of his vehicle on a road that is slippery with water or ice, the mere fact that his vehicle skids into another driver's lane does not make him liable as a matter of law. Harris v. Brewer, 487 So.2d 252 (Ala. 1986); Guthrie v. McCauley, 376 So.2d 1373 (Ala. 1979); National Biscuit Co. v. Wilson, 256 Ala. 241, 54 So.2d 492 (1951). The trial judge heard all of the evidence and observed the testimony of the witnesses as they explained how the accident happened.
Hollis, 547 So.2d at 873. The Griffins clearly made a prima facie showing and once the burden shifted, Kirk failed to produce any evidence, substantial or otherwise, to oppose the entry of summary judgment for the Griffins; i.e., after the Griffins established that they were not negligent, Kirk presented nothing to indicate that the Griffins were negligent. See Harris v. Brewer, 487 So.2d 252 (Ala. 1986). Because I would affirm the trial court's entry of summary judgment for the Griffins, I must respectfully dissent.