BERGER, Justice, dissenting, with KUHN, Chief Judge, joining: The majority begins with a brief statement of the difference between misfea-sanee and nonfeasance. Then, it demonstrates that the facts alleged in this case are the same as the facts alleged in Riedel. Finally, because Riedel characterized her claim as one for nonfeasance, the majority concludes that Price’s factually identical claim is one fo…
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