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NOLL v. CITY OF BOZEMAN

No. 13329.

564 P.2d 1296 (1977)

Virginia NOLL et al., Plaintiffs and Appellants, The CITY OF BOZEMAN, an Incorporated Municipality and Walter L. Bates, Defendants and Respondents.

Supreme Court of Montana.

Decided June 2, 1977.

Attorney(s) appearing for the Case

McKinley Anderson, Bozeman, Murphy, Robinson, Heckathorn & Phillips, Kalispell, Douglas D. Dasinger (argued), Kalispell, for plaintiffs and appellants.

Brown, Pepper & Kommers, Bozeman, Anderson, Symmes, Forbes, Peete & Brown, Billings, Richard F. Cebull (argued), Billings, for defendants and respondents.

HASWELL, Justice.

Plaintiffs appeal from a jury award of damages resulting from an automobile accident.

Plaintiffs were injured on August 17, 1973, when a street pavement roller operated by Bates in the scope of his employment by the City of Bozeman struck the back of a parked car in which plaintiffs were sitting. Defendants admitted liability. The sole issue at the trial was the amount of damages to be awarded plaintiffs.

The jury returned a verdict...

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