KGS STEEL, INC. v. McINISH

After Remand from the Alabama Supreme Court

The prior judgment of this court reversing the judgment of the trial court as to its causation determination, a result in which four judges of this court concurred, see KGS Steel, Inc. v. McInish, 47 So.3d 749 (Ala.Civ.App.2006), has been reversed by the Alabama Supreme Court. Ex parte McInish, 47 So.3d 767 (Ala.2008). The majority opinion of that court remanded the cause to this court for our “further consideration consistent with” Ex parte McInish, 47 So.3d at 767, whereas Justice Lyons, joined by Chief Justice Cobb, dissented from that…