MILLER v. FALLON COUNTY

No. 85-350.

721 P.2d 342 (1986)

Linda J. MILLER, Plaintiff and Appellant, v. FALLON COUNTY, Cecil P. Miller, Davis Transport, Inc., and Prefab Transit Co., Defendants and Respondents.

Supreme Court of Montana.

Decided June 26, 1986.

Rehearing Denied August 5, 1986.


Attorney(s) appearing for the Case

Lucas & Monaghan, A. Lance Tonn, argued, Miles City, for plaintiff and appellant.

Anderson, Edwards & Molloy, Donald W. Molloy, argued, Billings, for Miller.

Anderson, Brown Law Firm, Steven J. Harman, argued, Billings, for Davis Transport.

Moulton Law Firm, Sidney R. Thomas, argued, Billings, for Prefab Transit.

Denzil R. Young, Baker, Calvin J. Stacey, Billings, for defendants and respondents.

Rossbach & Whiston, Missoula, for amicus curiae Rosina Woodhouse.

Sandall, Cavan, Smith, Howard & Grubbs, W. Corbin Howard, Billings, for amicus curiae Audrey D. Noone.


MORRISON, Justice.

Linda J. Miller appeals judgment of the Sixteenth Judicial District Court, County of Fallon, which granted summary judgment to defendants, Cecil P. Miller (Miller), Davis Transport, Inc. (Davis), and PreFab Transit Co. (PreFab). We reverse.

Linda Miller (appellant) was injured in a one vehicle truck accident. Her husband, Cecil Miller, an independent truck driver, was the driver of the truck. Miller had entered into a contract for services...

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