¶2Upon due consideration of the record of the proceedings following remand and the briefs of the parties, we are of the opinion that justice will be served by reversing the judgment appealed from and remanding this cause to the trial court for a jury trial on the merits. Because of the procedural posture of this case, the plaintiff's right to amend her complaint, including the substitution or addition of parties defendant, is not prejudiced by the lapse of time during the pendency of this appeal.
¶3REVERSED AND REMANDED WITH INSTRUCTIONS.
¶4TORBERT, C.J., and JONES, SHORES, ADAMS and STEAGALL, JJ., concur.