HARRINGTON v. LaBELLE'S OF COLORADO

No. 88-57.

765 P.2d 732 (1988)

Richard HARRINGTON, Plaintiff and Appellant, v. LaBELLE'S OF COLORADO, INC., d/b/a LaBelle's Catalog Showrooms, a Colorado corp., and David Heine, d/b/a Billings Sweeping Service, Defendants and Respondents. LaBELLE'S OF COLORADO, INC., a/b/a LaBelle's Catalog Showrooms, a Colorado corp., Third-Party Plaintiff and Appellant, v. BILLINGS SWEEPING SERVICE, Third-Party Defendant.

Supreme Court of Montana.

Decided December 6, 1988.


Attorney(s) appearing for the Case

Datsopoulos, MacDonald & Lind, Ronald B. MacDonald, Missoula, for Harrington.

Herndon, Harper & Munro, Rodney T. Hartman, Billings, for LaBelle's.

Anderson, Brown, Gerbase, Cebull, Fulton, Harman & Ross, Steven J. Harman, Billings, for Billings Sweeping Service.


GULBRANDSON, Justice.

Richard Harrington and third-party plaintiff LaBelle's appeal from a summary judgment granted in favor of Billings Sweeping Service (the Service) in the District Court for the Thirteenth Judicial District, Yellowstone County, Montana. We affirm.

The issues are:

1. Did the District Court err in granting summary judgment in favor of the Service on the issue of negligence based on the rule of contractor nonliability?

2. Did...

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