TALLBULL v. WHITNEY

No. 13488.

564 P.2d 162 (1977)

Irene TALLBULL, Vernon Tallbull, Edmond Tallbull, as the surviving heirs, et al., Plaintiffs and Appellants, v. Richard Whitney, the City of Forsyth, Montana, and the County of Rosebud, Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided May 11, 1977.


Attorney(s) appearing for the Case

Robert H. Skaggs (argued), Billings, Cate, Lynaugh, Fitzgerald & Huss, Billings, for plaintiffs and appellants.

Anderson, Symmes, Forbes, Peete & Brown, Billings, Weymouth D. Symmes (argued), Billings, Crowley, Haughey, Hanson, Gallagher & Toole, Billings, for defendants and respondents.


HASWELL, Justice.

In a medical malpractice action, summary judgment was granted in favor of defendant physician by the district court of Rosebud County. Plaintiffs appeal.

Plaintiffs are the surviving heirs of Henry Tallbull and the administratrix of his estate. Defendants are Dr. Richard Whitney, a Forsyth, Montana physician; the City of Forsyth; and Rosebud County, Montana.

The action alleges medical malpractice...

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