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CORRIGAN v. JANNEY

No. 80-198.

626 P.2d 838 (1981)

Carmen CORRIGAN, Individually and as Personal Representative of the Estate of Max Morris Corrigan, Deceased, Plaintiff and Appellant, v. W.P. JANNEY and Kay Janney, His wife, and Janney Trucking Co., a Montana Corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided April 10, 1981.

Attorney(s) appearing for the Case

Knight, Dahood, McLean & Everett, Anaconda, David M. McLean argued, Anaconda, for plaintiff and appellant.

Poore, Roth, Robischon & Robinson, Butte, James A. Poore, Jr., argued, Butte, for defendants and respondents.

HARRISON, Justice.

Plaintiff Carmen Corrigan, as personal representative, filed this action in the District Court to recover damages for wrongful death and survival. Defendants, W.P. Janney and Kay Janney, answered by denying the allegations of the complaint, alleging three defenses: (1) failure to state facts sufficient to constitute a claim for relief; (2) assumption of risk; and (3) contributory negligence. A motion for summary judgment was filed on behalf of the...

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