Mere conclusory allegations that a fact exists will not defeat a properly supported summary judgment motion.
Sarah Grimes (offended party) got into a squabble with Kristen Saban (respondent) in Saban's flat. The squabble got physical, resulting in wounds to Grimes. Grimes brought suit against Saban for her threatening behavior. Saban asserted self-protection, affirming that she was in her room with the entryway bolted when Grimes raised the quarrel by slamming her against the entryway and hollering. Saban guaranteed that when she opened her entryway, Grimes got in her face and kept hollering. Saban affirmed that she then pushed Grimes because she sensibly trusted that Grimes would unavoidably utilize physical power against her. Grimes affirmed that when Saban opened the room entryway, Grimes at first moved in an opposite direction from the entryway before Saban pushed her. The preliminary court allowed Saban's movement for outline judgment.
Did the circuit court err in entering a summary judgment in favor of the respondent?
The court held that a summary judgment in an assault and battery case for defendant was improper as plaintiff's deposition raised a fact issue as to whether for Ala. Code § 13A-3-23(a) and (c)(2) purposes, defendant reasonably believed the use of force was necessary to defend herself against plaintiff, whether defendant used a degree of force she reasonably believed was necessary, and whether defendant was the initial aggressor. The lower court's opinion was reversed and the case was remanded.