OPINION
RABINOWITZ, Justice.
This appeal arises out of a wrongful death action instituted by Walter E. Butts, Jr., against James Adkinson for the fatal shooting of Butts' son, Steven Butts. Adkinson had been previously tried and convicted in superior court of manslaughter for the fatal shooting of Steven Butts. Adkinson's manslaughter conviction was subsequently upheld on appeal by this court. Adkinson v. State,
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