MURDOCK, Justice.
Reginald K. Hayes appeals from the dismissal by the Lowndes Circuit Court of his action against Jo Ann Henley ("Henley"), both individually and in her capacity as the personal representative of the estate of her deceased husband Earl Hoyt Henley ("Hoyt"), for injuries Hayes sustained when his automobile struck a horse on a highway. We affirm in part, reverse in part, and remand.
I. Facts and Procedural History
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