Carr v. International Refining & Manufacturing Co.

SEE, Justice (concurring in overruling the application for rehearing and concurring in the result as to the opinion).

I concur in overruling the application for a rehearing. I concur in the result reached by the main opinion for the following reasons.

I concurred in McKenzie v. Killian, 887 So.2d 861 (Ala.2004), the controlling precedent in this case. Nonetheless, its application in this case is troubling. I concur in the result reached by the main opinion because (1) McKenzie is the current applicable law, (2) I do not believe that McKenzie can be distinguished from this case, and (3) this…