The opinion
GREEN, Chief Justice
(concurring).
I concur in Judge NYE’S opinion, and agree that for reasons therein stated the judgment should be affirmed, except that I believe that it is reasonably probable that Dr. Constant’s testimony there referred to was very persuasive with the jury as to *123 the verdict it returned. He was the only medical witness who expressed the opinion that appellee was totally and permanently injured. I do not feel that Rule 434 is applicable to such evidence.
However, I agree that the trial court properly overruled appellant’s motion to strike Dr. Constant’s evidence concerning the future disability of appellee, both as to extent and length. The judgment should be affirmed.