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BIRKY v. JOHNSON

No. 85-280.

716 P.2d 198 (1986)

Kristina BIRKY, Plaintiff and Appellant, v. Diane JOHNSON and Commercial Union Insurance Company, Steven Siderius and National Farmers Union Insurance Company, Defendants and Respondents.

Supreme Court of Montana.

Decided March 20, 1986.

Rehearing Denied April 22, 1986.

Attorney(s) appearing for the Case

Astle & Astle, David L. Astle, Kalispell, for plaintiff and appellant.

Murphy, Robinson, Heckathorn & Phillips, I. James Heckathorn, Kalispell, for Johnson.

Hash, Jellison, O'Brien & Bartlett, Kenneth E. O'Brien, Kalispell, for Siderius.

S.Y. Larrick, Kalispell, for Nat'l Farmers Union Ins.

Garlington, Lohn & Robinson, Wm. Evan Jones, Missoula, for Commercial Union Ins.

SHEEHY, Justice.

Appellant, Kristina Birky, appeals from the order of the District Court, Eleventh Judicial District, County of Flathead, granting the motion for summary judgment of respondent, Steven Siderius. The District Court certified its order for appeal by order dated July 12, 1985.

This action arises out of a multiple vehicle collision. The basic facts established by the pleadings, depositions and affidavits disclose the following: On May 8, 1982,...

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