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SCHAFER v. STATE, DEPT. OF INSTITUTIONS

No. 14491.

592 P.2d 493 (1979)

Albert SCHAFER and Donna Schafer, parents and natural guardians of Betty Mae Schafer, Plaintiffs and Appellants, v. STATE of Montana, DEPARTMENT OF INSTITUTIONS, and Mountain View School, Defendants and Respondents.

Supreme Court of Montana.

Decided March 21, 1979.

Attorney(s) appearing for the Case

Jack M. Scanlon, Anaconda, Garrity, Keegan & Brown, Helena, for appellants.

Garlington, Lohn & Robinson, Missoula, for respondents.

DALY, Justice.

Plaintiffs Albert and Donna Schafer brought this action on April 15, 1977, as parents and natural guardians of Betty Mae Schafer (Betty Mae) for personal injuries arising out of an automobile accident. The State Department of Institutions (the State) answered, alleging affirmative defenses of contributory negligence and supervening cause in addition to general denials of negligence and causation.

On completion of discovery, the State filed a...

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