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ABERNATHY v. ELINE OIL FIELD SERVICES, INC.

No. 81-136.

650 P.2d 772 (1982)

Antoinette ABERNATHY, Mother of John Mark Abernathy, and David J. Abernathy, Plaintiffs and Appellants, v. ELINE OIL FIELD SERVICES, INC., Defendant and Respondent.

Supreme Court of Montana.

Decided September 9, 1982.

Attorney(s) appearing for the Case

Hoyt & Trieweiler, Great Falls, Goetz, Madden & Dunn, Bozeman, James H. Goetz argued, Bozeman, for plaintiffs and appellants.

Robert J. Emmons argued, Great Falls, for defendant and respondent.

WEBER, Justice.

David Abernathy brought an action for personal injuries and his wife brought an action as representative of their deceased son John in the Ninth Judicial District, Pondera County, against Eline Oil Company. A jury returned a verdict for Eline, holding that David had suffered $20,000 in damages but could not recover because he was 75 percent comparatively negligent and that Eline's negligence was not a proximate cause of John's death. We vacate the...

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