ON MOTION FOR REHEARING
McMILLIN, C.J., for the court.
¶ 1. The motion for rehearing is denied and the original opinion is withdrawn and this opinion is substituted therefor. This case originated as a wrongful death action arising out of the drowning death of Lennie Schustz while a guest at the Paddle Wheel Motel in Hancock County. At the time of Schustz's death in December 1995,
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