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KELLY v. WIDNER

No. 88-324.

771 P.2d 142 (1989)

Eleanor KELLY, Plaintiff and Appellant, v. Don WIDNER and Harley Huntley, Defendants and Respondents.

Supreme Court of Montana.

Decided April 6, 1989.

Attorney(s) appearing for the Case

Joan Jonkel argued, Jonkel Law Offices, Missoula, Richard Simonton, Simonton, Howe & Jackson, Glendive, for plaintiff and appellant.

Robert A. Terrazas argued, Worden, Thane & Haines, Missoula, for defendants and respondents.

WEBER, Justice.

This appeal arises from a suit for personal injuries brought by Eleanor Kelly against Mr. Widner and Mr. Huntley. Ms. Kelly signed a release with Farmers Insurance Company in exchange for $8,900. She later filed a personal injury action against the insureds, Mr. Widner and Mr. Huntley, alleging negligence. In their answer, defendants plead the affirmative defense of release. The District Court granted summary judgment in favor of the defendants and...

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