MEMORANDUM OPINION
BOGUE, Chief Judge.
Plaintiffs are the special administrator of the estate of Phillip Red Elk and Red Elk's parents and children. Defendants Vig and Johnston allegedly intentionally struck Phillip Red Elk with the door of a moving pickup truck in which they were riding. Red Elk apparently was walking alongside the road at the time of the incident. Red Elk later died as a result of injuries received in this incident.
I.
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