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WHITFIELD v. THERRIAULT CORP.

No. 87-237.

745 P.2d 1126 (1987)

Jean M. WHITFIELD; John F. Whitfield; Anne M. Whitfield; Jean M. Whitfield, as Guardian for Steven C. Whitfield, and Carol E. Whitfield; and the Estate of Harold F. Whitfield, Jr., Deceased, Plaintiffs and Appellants, v. THERRIAULT CORP., a Montana corp., a/k/a Therriault Ranch, a/k/a Therriault Creek Ranch; and the State of Montana, Defendants and Respondents. THERRIAULT CORPORATION, a Montana corporation, Defendant and Third-Party Plaintiff, v. The STATE of Montana, Defendant and Third-Party Defendant.

Supreme Court of Montana.

Decided November 19, 1987.

Rehearing Denied December 15, 1987.

Attorney(s) appearing for the Case

Warden, Christiansen, Johnson & Berg, Thomas R. Bostock, Kalispell, for plaintiffs and appellants.

Chris D. Tweeten, Agency Legal Services, Helena, and S.Y. Larrick, Kalispell, for defendants and respondents.

WEBER, Justice.

The District Court for the Nineteenth Judicial District, Lincoln County, dismissed plaintiffs' claim for wrongful death against the State of Montana (State), and granted the State summary judgment. Plaintiffs appeal. We affirm.

The issue is whether the District Court erred in granting summary judgment in favor of the State.

Harold F. Whitfield, Jr., died on October 29, 1984, as a result of injuries sustained in an automobile accident...

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