Long v. Wade

The main opinion states that, for purposes of Aspinwallv. Gowens, 405 So.2d 134 (Ala. 1981), "a `count' is ` "a separate and independent claim,"'" 980 So.2d at 386 (emphasis added) (citing Life Ins. Co. of Georgia v.Smith, 719 So.2d 797, 824 (Ala. 1998) (Cook, J., concurring in part and dissenting in part, and quoting Black's LawDictionary 348 (6th ed. 1990))). Based on this standard, I respectfully submit that the jury-charge problem discussed in the main opinion is not a "good count-bad count" problem.

Unlike the main opinion, I conclude that the issue presented pertains to only a single…