This Court granted Rogers's petition for the writ of certiorari.Standard of Review???An appellate court reviews the burden of proof applied at trial and other legal issues ??? without a presumption of correctness.??? Ex parte USX Corp., 881 So.2d 437, 441 (Ala.2003).Legal AnalysisIn affirming the decision of the circuit court, the Court of Civil Appeals apparently considered itself bound by prior