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HELMKE v. GOFF

No. 14230.

597 P.2d 1131 (1979)

Albert HELMKE, Jr., Plaintiff and Appellant, v. Gilbert GOFF, Defendant and Respondent.

Supreme Court of Montana.

Decided June 18, 1979.

Rehearing Denied August 10, 1979.

Attorney(s) appearing for the Case

Terry N. Trieweiler, argued, Whitefish, for plaintiff and appellant.

Murphy, Robinson, Heckathorn & Phillips, Kalispell, I. James Heckathorn, argued, Kalispell, for defendant and respondent.

SHEEHY, Justice.

This is an appeal from a judgment based on a jury verdict for the defendant (Goff) in the District Court of the Nineteenth Judicial District, Lincoln County.

Plaintiff (Helmke) filed his action against Goff alleging that on August 25, 1975 on Montana secondary highway no. 202, approximately 4.4 miles from Troy, Montana, Goff negligently drove his 1966 Volkswagen sedan in such a manner that it went out of control, off the highway, and rolled...

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