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EWING v. ESTERHOLT

No. 83-372.

684 P.2d 1053 (1984)

Robert E. EWING, Plaintiff and Respondent, v. Don L. ESTERHOLT, William P. Ordway d/b/a Fromberg Scrap, James K. LaFever and United Parcel Service, a corp., Defendants and Appellants.

Supreme Court of Montana.

Decided June 7, 1984.

Rehearing Denied July 10, 1984.

Attorney(s) appearing for the Case

Hash, Jellison, O'Brien & Bartlett, Kenneth E. O'Brien, Kalispell, for defendants and appellants.

Keller & German, Robert S. Keller, Kalispell, for plaintiff and respondent.

HARRISON, Justice.

This case arose out of a traffic accident which took place in 1977 near Somers, Montana. After a jury verdict was entered, the District Court granted a new trial on the motion of respondent Ewing. Defendants LaFever and United Parcel Service, (hereinafter UPS) appeal from this order, from several jury instructions given and refused, and from a ruling allowing one of plaintiff's expert witnesses to testify.

On October 31, 1977, defendant...

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