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RUDECK v. WRIGHT

No. 84-84.

709 P.2d 621 (1985)

Elizabeth RUDECK, in her own right and as Personal Representative of the Estate of Alfred Lyndon Rudeck, also known as Lyndon Rudeck, deceased, Plaintiff and Respondent, v. Kermit J. WRIGHT, M.D., and Helena Medical Clinic, P.S.C., Defendants and Appellants.

Supreme Court of Montana.

Decided September 12, 1985.

Rehearing Denied December 20, 1985.

Attorney(s) appearing for the Case

James A. Robischon, argued, Dunlap & Caughlan, Butte, for defendants and appellants.

Terry N. Trieweiler, argued, Whitefish, Geoffrey L. Brazier, Helena, for plaintiff and respondent.

JOEL G. ROTH, District Judge.*

This is a medical malpractice case which is commonly referred to as a "foreign object" case. The case was tried to a jury in Lewis and Clark County District Court and resulted in a $75,000 verdict on the wrongful death claim and zero on the survival claim. Following trial, plaintiff Rudeck moved for a new trial. The District Judge ordered a new trial. Defendant Wright appeals from that order and, additionally...

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