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SMITH v. STATE FARM MUT. AUTO. INS. CO.

1970745.

730 So.2d 125 (1999)

Danny SMITH, individually and as personal representative of the estate of Daniel Scott Smith, deceased v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.

Supreme Court of Alabama.

Rehearing Denied March 12, 1999.

Attorney(s) appearing for the Case

Robert F. Prince and Erby J. Fischer of Prince, Poole & Cross, P.C., Tuscaloosa, for appellant.

Michael B. Maddox, William A. Austill, and Conley W. Knott of Maddox, Austill & Parmer, P.C., Birmingham, for appellee.

SHORES, Justice.

AFFIRMED. NO OPINION. See Rule 53(a)(1) and (a)(2)(F), Ala. R.App. P.; Kent v. Singleton, 457 So.2d 356 (Ala.1984); and Rule 606(b), Ala. R. Evid.

HOOPER, C.J., and MADDOX, ALMON, HOUSTON, COOK, and LYONS, JJ., concur.

KENNEDY, J., dissents.

KENNEDY, Justice (dissenting).

A majority of this Court has voted to summarily affirm the trial court's order reinstating the jury's verdict...

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