PER CURIAM.
Judgment affirmed without opinion pursuant to Rule 59.
All the Justices concur, except Gregory, J., who concurs specially.
GREGORY, Justice, concurring specially.
I concur in the majority decision to affirm the trial court's grant of summary judgment. I write only to point out to the parties that our decision does not rest upon the failure to make tender, as we conclude tender was not necessary.
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