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YERKICH v. OPSTA

No. 13635.

577 P.2d 857 (1978)

Samuel J. YERKICH and Sharon A. Yerkich, Paintiffs and Respondents, v. Mitchell J. OPSTA, Defendants and Appellants.

Supreme Court of Montana.

Decided April 18, 1978.

Attorney(s) appearing for the Case

Michael J. McKeon, argued, Anaconda, for defendants and appellants.

Roe, Kiely & Harrington, Butte, Thomas F. Kiely and George P. Sarsfield, argued, Butte, for plaintiffs and respondents.

M. JAMES SORTE, District Judge:

Defendant Mitchell J. Opsta appeals from the order of the District Court, Silver Bow County, granting plaintiffs' motion for new trial and setting aside the verdict of the jury.

On January 2, 1976, plaintiffs Samuel J. and Sharon A. Yerkich filed suit in the District Court seeking damages for the wrongful death of their eleven year old daughter, Dana Sue. The cause of action arose out of a motor vehicle accident in which an...

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