¶1(dissenting).
¶2I am of the opinion that the judgment of the trial court is due to be affirmed.
¶3Any error committed by the trial court, in my judgment, was harmless. Rule 45, Ala.R.App.P.. The fact that the jury returned a verdict on the simple negligence count indicates that the “harmless error” rule would be uniquely applicable in this case. Cf. my dissent in Chance v. Dallas County, 456 So.2d 295 (Ala.1984).
¶4TORBERT, C.J., concurs.