KIAMAS v. MON-KOTA, INC.

No. 81-68.

639 P.2d 1155 (1982)

Peter KIAMAS, Jr., and Donna Mae Kiamas, husband and wife, Plaintiff and Appellant, v. MON-KOTA, INC., a Montana corporation, Larry Lewis, Ervin Bieber, Duane Bieber, and Jeff Reidle, Defendants and Respondents.

Supreme Court of Montana.

Submitted October 20, 1981.


Attorney(s) appearing for the Case

Thomas R. Halvorson, Sidney, Anderson, Edwards & Molloy, Billings, Richard W. Anderson, argued, Billings, for plaintiff and appellant.

Crowley, Haughey, Hanson, Toole & Dietrich, Billings, L. Randall Bishop, argued, Billings, for defendants and respondents.


WEBER, Justice.

Plaintiffs allege negligence on the part of Mon-Kota resulting in a head injury to plaintiff, Peter Kiamas, with severe physical and mental damage. Summary judgment was entered for defendant, Mon-Kota, in the District Court of Richland County. We affirm the District Court.

The central issue in this case is whether the District Court properly granted summary judgment in favor of Mon-Kota, impliedly holding that the "rescue doctrine" is not applicable...

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