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PECK v. HORROCKS ENGINEERS, INC.

No. 96-4029.

106 F.3d 949 (1997)

Mary Kathryn PECK, Natural Mother of Zachery Eugene Peck, a minor, Plaintiff-Appellant, v. HORROCKS ENGINEERS, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 10, 1997.

Attorney(s) appearing for the Case

Mark L. Anderson of Christensen & Jensen, Salt Lake City, UT (L. Rich Humpherys, with him on brief), for Plaintiff-Appellant.

M. Dayle Jeffs of Jeffs & Jeffs, Provo, UT, for Defendant-Appellee.

Before EBEL, KELLY and BRISCOE, Circuit Judges.

EBEL, Circuit Judge.

Appellant Mary Peck ("Peck") appeals the district court's grant of summary judgment in favor of Appellee Horrocks Engineering ("Horrocks") in a wrongful death case concerning the death of her son, Zachery Peck ("Zachery"). Peck argues that the district court erred both in finding that Horrocks owed no duty of care to Zachery as a matter of law, and in refusing to consider an expert witness's affidavit...

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