United States District Court for the Northern District of Alabama ruled correctly in awarding partial summary judgment in this case. The summary judgment was granted in accordance with Rule 56(c) (3), Ala. R. Civ. P. Under Rule 56(c)(3), "summary judgment is proper when there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law."

"If the moving party makes a prima facie showing that no genuine issue of material fact exists, then the burden shifts to the nonmovant." Bass v. Southtrust Bank, 538 So. 2d 794,798 (Ala. 1989). This burden requires the nonmovant to show "substantial evidence" in support of his position. id at 798.

Porter fails to show substantial proof of exposure to HIV on which his claim of emotional distress is based. Lacking proof of actual HIV exposure the plaintiff cannot move ahead with a claim based...
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