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EWALT v. SCOTT

No. 82-270.

675 P.2d 77 (1983)

Robert EWALT, Jerry M. Hensley, Dorothy Ewalt, and Everett Ewalt, Plaintiffs and Respondents, v. Charles SCOTT, Defendant and Appellant.

Supreme Court of Montana.

Decided November 16, 1983.

Rehearing Denied February 9, 1984.

Attorney(s) appearing for the Case

Lucas & Monaghan, Thomas Monaghan, Miles City, for defendant and appellant.

Gene Huntley, Baker, for plaintiffs and respondents.

SHEA, Justice.

Charles Scott appeals from an order of the Carter County District Court that refused to set aside his default in a wrongful death action filed against him. He also appeals from the trial court's order refusing to let him have a jury trial on the issue of damages. On the question of damages, he alleges that the damages awarded to plaintiffs are excessive and that the trial court erred in admitting evidence in support of his children's (all adults) claim...

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