PENCE v. FOX

No. 90-483.

813 P.2d 429 (1991)

John R. PENCE, Individually, and Judy L. Pence, individually and as Guardian Ad Litem of Brittney Pence and Jared Pence, Plaintiffs and Appellants, v. Bingham R. FOX and Barbara A. Fox, d/b/a Raintree Products; Harold Struck and Betty Struck, d/b/a All Season Spas; Keller Supply Co., d/b/a Keller's Leisure Supply; and John Does I-V, Defendants and Respondents.

Supreme Court of Montana.

Decided June 11, 1991.


Attorney(s) appearing for the Case

Norman L. Newhall, Floyd D. Corder, Alexander, Baucus & Linnell, Great Falls, for plaintiffs and appellants.

James E. Aiken, Tracy A. Axelberg, argued, Jardine, Stephenson, Blewett and Weaver, Great Falls, for Raintree Products.

Lee LeVeque, Conklin, Nybo, LeVeque & Murphy, Great Falls, for Struck, All Season Spas.

Keith Strong, argued, Dorsey & Whitney, Great Falls, for Keller Supply.

W. Wm. Leaphart, Leaphart Law Firm, Helena, amicus curiae Montana Trial Lawyers Ass'n.


WEBER, Justice.

Plaintiffs brought this suit arising from personal injuries sustained by John R. Pence. The District Court for the Eighth Judicial District, Cascade County, granted defendants' motions, pursuant to Rule 12(b), M.R.Civ.P., to dismiss loss of consortium claims of Brittney and Jared Pence, brought by their mother and guardian, Judy L. Pence. Mrs. Pence, as guardian for the children, appeals. We reverse and remand for further proceedings on the merits...

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