[34] I concur, being of the opinion that the "weakened condition theory" espoused by the majority as an "additional theory or approach" to tort liability not previously utilized by our courts is merely a factual determination, under the circumstances, of whether the particular risk which occurred was within the scope of the duty owed by the original tortfeasor. [35] HALL, Justice, concurring. [36] The issue of whether the initial tortfeasor is liable for the injuries pla…
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