HARRIS, Chief Judge.
We have chosen to hear this case en banc.
Paula Fisel, driving on a county road at night, was injured when she unexpectedly ran into a cow standing in the road. It is undisputed that the cow was owned (it was killed as a result of the accident) by William and Frank Wynns and had escaped their pasture through an open gate. When Fisel failed to rebut the testimony (by deposition) of Frank Wynns that he lived alone on the forty acres...
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