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Stinson v. Berry

6/17/1997

nting summary judgment in favor of John on the basis that his actions were within the scope of his corporate duties, which immunized him from liability. On remand, the trial court should determine whether John owed a duty of reasonable care to Decedent arising from either an individual duty to refrain from conduct creating an unreasonable risk of harm to another or his duty to the corporation to perform his corporate duties without causing personal injury to a third party. The summary judgment in favor of John is reversed and remanded for further proceedings consistent with this opinion.


{25} IT IS SO ORDERED.


RUDY S. APODACA, Judge


WE CONCUR:


HARRIS L HARTZ, Chief Judge


JAMES J. WECHSLER, Judge




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