KNIGHT v. JOHNSON

No. 88-612.

773 P.2d 293 (1989)

E.H. KNIGHT, Plaintiff and Appellant, v. James H. JOHNSON, Jr.; The Office of Yellowstone County Sheriff; Mike Shafer, Sheriff, and Yellowstone County, Defendants and Respondents.

Supreme Court of Montana.

Decided April 27, 1989.


Attorney(s) appearing for the Case

Cate Law Firm, Jerome J. Cate, Billings, for plaintiff and appellant.

Crowley, Haughey, Hanson, Toole & Dietrich, Jon T. Dyre, Billings, for defendants and respondents.


WEBER, Justice.

This appeal arises from a negligence suit brought by Mr. E.H. Knight against Dr. James H. Johnson. The District Court of the Thirteenth Judicial District granted summary judgment in favor of defendant, and plaintiff appeals. We affirm.

The issue presented for our review is whether a treating physician has a duty to appear and testify at the trial of a patient, when the treating physician was not served with a subpoena.

The plaintiff...

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