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DERENBERGER v. LUTEY

No. 82-324.

674 P.2d 485 (1983)

Rita DERENBERGER, Guardian Ad Litem of Raymond Derenberger, a minor, Plaintiff and Respondent, v. Hurbert John LUTEY, Defendant and Appellant.

Supreme Court of Montana.

Decided November 17, 1983.

Attorney(s) appearing for the Case

Lyman H. Bennett, III, argued, Bozeman, for defendant and appellant.

Poore, Roth & Robinson, Rick Anderson & Urban Roth, argued, Butte, for plaintiff and respondent.

HASWELL, Chief Justice.

Appellant Hurbert Lutey appeals a Deer Lodge County jury verdict awarding Raymond Derenberger, respondent, $110,000 in damages he suffered in an automobile accident. Respondent was riding as a passenger in his own vehicle which the appellant was driving. We reverse and remand.

On November 5, 1979, Ray Derenberger, Hurb Lutey and their girlfriends went to a movie in Anaconda. They drove in Ray's vehicle. Prior to and during the movie...

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