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NORTH v. BUNDAY

No. 86-472.

735 P.2d 270 (1987)

Kathie NORTH, as Personal Representative of the Estate of Terrance J. North, and as Guardian Ad Litem for Susan A. North, a minor, Plaintiff and Respondent, v. Gary BUNDAY, d/b/a Bunday Trucking; and the State of Montana, Defendants and Petitioners.

Supreme Court of Montana.

Decided March 31, 1987.

Attorney(s) appearing for the Case

Allen B. Chronister, argued, Agency Legal Services Bureau, Helena, Gregory Morgan and Robert Planalp, argued, Bozeman, for defendants and petitioners.

Monte Beck, argued, Bozeman, Terry Trieweiler, argued, Whitefish, for plaintiff and respondent.

SHEEHY, Justice.

Monte Beck, argued, Bozeman, Terry Trieweiler, argued, Whitefish, for plaintiff and respondent.

SHEEHY, Justice.

In this special proceeding originating in this Court, we are called upon to decide whether the District Court is correct in holding that, although plaintiff's percentage of causal negligence in a tort action exceeded the percentage of causal negligence assigned individually to each of two concurrent tortfeasor defendants...

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