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P's father was shot and killed by Villanueva at defendant's Happy Jack's Saloon. O'Daniels (D) owns and operates the Circle Inn located across the street from Happy Jack's. On the date of the shooting, a patron of Happy Jack's Saloon came into D and informed an employee that a man had been threatened at Happy Jack's. He requested the employee either call the police or allow him to use the Circle Inn phone to call the police. The employee allegedly refused to call the police and allegedly refused to allow the patron to use the phone to make his own call. P alleges that the actions of D were a breach of the legal duty that D owed to the decedent.

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