HERTZ, Circuit Judge.
ACTION
On November 12, 1982, at approximately 7:30 p.m. Rocky Blair (Blair) abducted Teresa Small (Teresa) from the McKennan Hospital (McKennan) parking ramp, raped her twice and murdered her. Teresa's husband Donovan Small (Small), as special administrator of her estate, brought a negligence action against McKennan. In Small v. McKennan Hospital,
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