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KYRISS v. STATE

No. 83-479.

707 P.2d 5 (1985)

Joann KYRISS, in her capacity as Conservator for Frank Templin, Plaintiff and Respondent, v. STATE of Montana, Defendant and Respondent, and Roger A. Gangield, M.D. and Leonard M. Benjamin, M.D., Defendants and Appellants.

Supreme Court of Montana.

Decided October 3, 1985.

Attorney(s) appearing for the Case

James A. Robischon argued, Butte, for defendants and appellants.

Hoyt & Trieweiler, Terry Trieweiler argued, Whitefish, Sharon Morrison, Helena, for Kyriss.

Allen B. Chronister argued, Agency Legal Services, Helena, for State.

SHEEHY, Justice.

This is a medical malpractice case in which the District Court, Third Judicial District, Powell County, based on jury verdict, entered judgment against Drs. Roger A. Ganfield and Leonard M. Benjamin. The doctors appeal.

The principal issue in the case is whether the District Court properly instructed the jury on the issue of causation using the "legal cause" or "substantial factor" instruction instead of the historic "proximate cause" instruction...

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