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Pollock v. State4/29/1999
en case is a question for the factfinder. Similarly, breach of duty and proximate cause are factual questions for the jury. We hold that Plaintiffs made a sufficient showing in opposing summary judgment to create genuine issues of material facts on these elements. We thus reverse the trial court's order granting summary judgment in favor of the Department.
{21} IT IS SO ORDERED.
RUDY S. APODACA, Judge
WE CONCUR: THOMAS A. DONNELLY, Judge M. CHRISTINA ARMIJO, Judge
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