SUBSTITUTE OPINION
THE COURT'S PRIOR OPINION DATED DECEMBER 4, 2008 IS HEREBY WITHDRAWN.
HORTON, Justice.
This appeal arises from a negligence action brought by Appellant Jesus Herrera. Herrera appeals the district court's grant of summary judgment and subsequent dismissal of his suit against Respondent Rock Creek Development, LLC (Rock Creek) and the district court's dismissal of his complaint against Respondent Pedro Estay (Estay) due to Herrera...
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