ORDER
OWENS, Chief Judge.
Before the court is defendant Edward R. Hargett, Jr.'s motion to dismiss Count II of the complaint. After careful consideration of the arguments of counsel, the relevant case law, and the record as a whole, the court issues the following order.
FACTS
The following is a summary of the factual and procedural posture of this case to date:
On November 22, 1993, Dixie Louise Stegman died as a result...
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