ON MOTION FOR REHEARING
GRIFFIN, J.
We grant appellee's motion for rehearing, withdraw our prior opinion and issue the following opinion in its place:
Sandra Lemay ["Lemay"], as Personal Representative of the Estate of Roy Ault, appeals the dismissal of her wrongful death claim against Michael Kondrk ["Kondrk"], a Putnam County Deputy Sheriff. We reverse.
In deciding whether the complaint states a cause of action, the trial court must...
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