SMITH v. RORVIK

No. 87-202.

751 P.2d 1053 (1988)

Dwight Douglas SMITH, Plaintiff and Appellant, v. Marlene RORVIK, Defendant and Respondent.

Supreme Court of Montana.

Decided March 9, 1988.


Attorney(s) appearing for the Case

Channing J. Hartelius, Hartelius, Ferguson & Baker, Great Falls, for plaintiff and appellant.

Robert Terrazas, Worden, Thane & Haines, Missoula, for defendant and respondent.


SHEEHY, Justice.

Dwight Douglas Smith appeals from a verdict and judgment in favor of defendant Marlene Rorvik in the District Court, Twentieth Judicial District, Lake County, arising out of a car-pedestrian collision which occurred on Airport Road, near St. Ignatius on June 13, 1984.

On consideration, we reverse and remand for a new trial.

We examine the following issues on appeal:

1. The propriety of the opinion evidence of the highway patrol...

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