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BIG MAN v. STATE

No. 80-265.

626 P.2d 235 (1981)

Lois Jefferson BIG MAN, Personally and as Personal Representative of the Estate of Daniel Big Man, Deceased, Plaintiff and Appellant, v. The STATE of Montana, and Eunice Irene Case, Defendants and Respondents.

Supreme Court of Montana.

Decided March 10, 1981.

Rehearing Denied April 23, 1981.

Attorney(s) appearing for the Case

Holmstrom, Dunaway & West, P.C., Jock B. West argued, Billings, for appellant.

Moulton, Bellingham, Longo & Mather, Corinne Courtney argued, Billings, Crowley, Haughey, Hanson, Toole & Dietrich, Cynthia Ford argued, Billings, for respondents.

DALY, Justice.

This is an appeal from a summary judgment entered against the plaintiff in favor of both defendants by the District Court of the Thirteenth Judicial District, in and for the County of Big Horn.

Daniel Big Man, a five-year-old pedestrian, was struck by a car driven by Eunice Case. The accident occurred on or near the south end of a bridge that crosses the Little Big Horn River, 18 miles south of Hardin, Montana, on Interstate 90 (I-90). The site...

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