Opinion
1911425.
April 23, 1993.
Appeal from Madison Circuit Court, No. CV-92-516, Jeri Blankenship, Judge.
Elton Bruce Rheuark, pro se.
George W. Royer, Jr. of Sirote Permutt, P.C., Huntsville, for Joe W. Patterson, Curtis Sanders and Timothy Calaway.
Thomas R. Robinson of Lanier, Ford, Shaver Payne, Huntsville, for Aetna Cas. Sur. Co.
ON APPLICATION FOR REHEARING
The opinion of January 22, 1993, is withdrawn and the following is substituted therefor: The trial court's dismissal of Rheuark's negligence claims is affirmed on the basis of Wright v. Bailey, 611 So.2d 300 (Ala. 1992). The dismissal of Rheuark's malicious prosecution claim, assault and battery claim, and other claims is affirmed on the basis of Ala. Code 1975, § 6-5-440.
ORIGINAL OPINION WITHDRAWN; OPINION SUBSTITUTED; APPLICATION OVERRULED; AFFIRMED.
MADDOX, SHORES, HOUSTON and KENNEDY, JJ., concur.