(dissenting).
I am not convinced that McKenzie v. Killian, 887 So.2d 861 (Ala.2004), was wrongly decided; therefore, I do not agree that the decision should be overruled. Consequently, I respectfully dissent.
APPENDIX TO OPINION OF THE COURT
The dissenting opinion of then Chief Justice Cobb that accompanied the release on June 3, 2011, of this Court’s opinion on original submission in this case is set out below: