ALICE ROBIE RESNICK, J.
We will first consider whether a question of material fact existed as to Dawes, thus making summary judgment inappropriate.
I
The court of appeals held that material questions of fact existed as to Dawes' duty to control or retrieve the helium tanks in spite of the agreement entered into by the Campaign Committee with Dawes. This action sounds in negligence.
As to the elements of a cause of action in negligence it...
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