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ADSEM v. ROSKE

No. 86-226.

728 P.2d 1352 (1986)

Delores ADSEM, surviving spouse and Personal Representative of the estate of Richard Allen Adsem, Deceased, Plaintiff and Appellant, v. Richard ROSKE and R.H. Grover, Inc., a Montana Corp., Defendants and Respondents.

Supreme Court of Montana.

Decided December 11, 1986.

Rehearing Denied January 6, 1987.

Attorney(s) appearing for the Case

Small, Hatch, Doubek & Pyfer, John C. Doubek, Helena, for plaintiff and appellant.

Worden, Thane & Haines, Martin S. King, Missoula, Alexander & Baucus, J. David Slovak, Great Falls, for defendants and respondents.

HUNT, Justice.

This is an appeal from a summary judgment entered by the First Judicial District, Lewis and Clark County in favor of the defendants, Roske and Grover, Inc. Plaintiff Delores Adsem appeals. We affirm.

There are two issues on appeal. Did the District Court err in granting summary judgment? Does the plaintiff have a remedy outside of the Montana Workers' Compensation Act?

Richard Adsem was killed in a construction accident at the Capital...

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