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SCOFIELD v. ESTATE OF WOOD

No. 83-452.

683 P.2d 1300 (1984)

Mitzi SCOFIELD, as Personal Representative of the Estate of Daniel C, Sanders, Decaded, Plaintiff and Respondent, v. ESTATE OF James J. WOOD, Defendant and Appellant. ESTATE OF James J. WOOD, Glen P. Wood, and Rosalyn June Wood, Counterclaimants, Cross-Plaintiffs and Appellants, v. Mitzi SCOFIELD, as Personal Representative of the Estate of Daniel C. Sanders, Deceased, Counterdefendant, Cross-Defendant and Respondent.

Supreme Court of Montana.

Decided June 27, 1984.

Attorney(s) appearing for the Case

Landoe, Brown, Planalp, Kommers & Lineberger; Gene I. Brown, Bozeman, for appellants.

Christine C. Parker, Dillon, Thomas R. Scott, Dillon, C. Richard Anderson, Butte, for respondent Scofield.

HASWELL, Chief Justice.

The James J. Wood estate appeals a judgment awarded against it in the sum of $24,000 based on a jury verdict finding decedent 80 percent negligent and plaintiff Daniel J. Sanders 20 percent negligent in an action for wrongful death in the Beaverhead County District Court.

Decedent Wood was proceeding north on Highway 41 in Beaverhead County and decedent Sanders proceeding south on the same highway when the two vehicles collided about...

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