with whom CHIEF JUSTICE CARRICO joins, dissenting.
I respectfully dissent. In my view, the facts of this case give rise to the same concerns for the application of Code § 64.1-49 that were expressed by the dissent in Robinson v. Ward, 239 Va. 36, 45, 387 S.E.2d 735, 740 (1990). For the reasons stated more fully there, I would reverse the judgment of the trial court.