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KUKUCHKA v. ZIEMET

No. 85-149.

771 P.2d 84 (1985)

William A. KUKUCHKA, Plaintiff and Appellant, v. Michael W. ZIEMET, and Does I through V, inclusive, Defendant and Respondent.

Supreme Court of Montana.

Decided December 20, 1985.

See majority opinion at 710 P.2d 1361.

MORRISON, Justice.

I concur in the result for the reason that the plaintiff did not move for a directed verdict on liability nor did the plaintiff request the court to instruct the jury that the defendant was negligent as a matter of law. I feel that under the evidence in this case, and under the applicable law, the defendant was negligent as a matter of law but I feel that I have no...

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