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[W] Rein v. Benchmark Construction Company6/12/2003
. We find that the trial court erred in dismissing Natural Accents since issues of material facts remain. Its contract with Silver Cross indicates express obligations of some duty to inspect and treat ant beds at Silver Cross. The scope of Natural Accents' duty, the foreseeability of this event and Mrs. Rein's death, and whether a breach of Natural Accents' duty was the cause of this tragedy are proper questions for the trier of fact.
. For these reasons, we affirm the trial court's judgment to the extent that it granted summary judgment for Benchmark Construction Company and Growin Green Landscape, Inc. We reverse the trial court's judgment to the extent that it granted summary judgment for Natural Accents, and we remand this case for a trial consistent with this opinion of the Reins' claims against Natural Accents.
. AFFIRMED IN PART AND REVERSED AND REMANDED IN PART.
PITTMAN, C.J., COBB, EASLEY AND CARLSON, JJ., CONCUR. GRAVES, J., CONCURS IN PART AND DISSENTS IN PART WITHOUT SEPARATE WRITTEN OPINION. McRAE, P.J., WALLER AND DIAZ, JJ., NOT PARTICIPATING.
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