PER CURIAM.
This is an appeal from a partial summary judgment. It was deflected to this court by the Alabama Supreme Court, pursuant to § 12-2-7(6), Ala.Code 1975.
Initially we note that in order to enter a summary judgment, the trial court must determine that there are no genuine issues of material fact and that the moving party is entitled to a judgment as a matter of law. Rule 56(c), Ala. R. Civ. P.; Bussey v. John Deere Co.,
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