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DUBIEL v. MONTANA DEPT. OF TRANSP.

No. DA 11-0354.

272 P.3d 66 (2012)

2012 MT 35

Keevy DUBIEL, individually and as Personal Representative of the Estate of Jerome Dubiel, Deceased, The Estate of Jerome Dubiel, and Keevy Dubiel as Guardian for Isabella Dubiel, Cashel Coleman-Dubiel, minor children of Jerome Dubiel, Plaintiffs and Appellants, v. MONTANA DEPARTMENT OF TRANSPORTATION, State of Montana, Does 1-10, Defendants and Appellees.

Supreme Court of Montana.

Decided February 14, 2012.

Attorney(s) appearing for the Case

For Appellants: Torrance L. Coburn , Tipp & Buley, P.C., Missoula, Montana.

For Appellees: Dana L. Christensen , Christensen, Moore, Cockrell, Cummings & Axelberg, P.C., Kalispell, Montana. Pamela Snyder-Varns , Special Assistant Attorney General, Risk Management & Tort Defense Division, Helena, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Jerome Dubiel (Jerome) was killed while traveling north on Montana Highway 35 in December 2008. He was traveling during a "high wind" event that had caused numerous trees to blow down along this stretch of highway. While stopped temporarily by a Montana Department of Transportation (MDT or the Department) field maintenance employee who was clearing highway debris, a tree fell on Dubiel's car inflicting...

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