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ROHLFS v. KLEMENHAGEN, LLC

No. DA 08-0399.

227 P.3d 42 (2009)

2009 MT 440

354 Mont. 133

Cary ROHLFS and Terra Rohlfs, Plaintiffs and Appellants, v. KLEMENHAGEN, LLC, d/b/a Stumble Inn, Defendant and Appellee.

Supreme Court of Montana.

Submitted June 16, 2009.

Decided December 23, 2009.

Rehearing Denied March 23, 2010.

Attorney(s) appearing for the Case

For Appellants: David R. Paoli (argued), John Kutzman, Paoli, Latino & Kutzman, Missoula, Montana.

For Appellee: Patrick HagEstad (argued), Christopher Decker (argued), Milodragovich, Dale, Steinbrenner & Nygren, Missoula, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Plaintiffs Cary and Terra Rohlfs brought suit against Klemenhagen, L.L.C., doing business as the Stumble Inn, to recover damages incurred as the result of an automobile accident involving a patron of the Stumble Inn. The Twenty-First Judicial District Court, Lake County, granted Stumble Inn's motion to dismiss based on a provision of Montana's Dram Shop Act, § 27-1-710(6), MCA, that requires a claimant...

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