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SIZEMORE v. MONTANA POWER CO.

No. 89-482.

803 P.2d 629 (1990)

Spencer SIZEMORE, Plaintiff and Respondent, v. The MONTANA POWER COMPANY; and Doe I and Keith Kessel, individually, and d/b/a Kessel Construction Company; and Kessel Construction Company; and Doe II, Defendants and Appellants.

Supreme Court of Montana.

Decided December 13, 1990.

Attorney(s) appearing for the Case

Brian Lilletvedt, Bosch, Kuhr, Dugdale, Martin & Kaze, Havre, for defendants and appellants.

Morton B. Goldstein, Goldstein Law Firm, Havre, for plaintiff and respondent.

Ira Eakin, Lynaugh, Fitzgerald, Eiselein & Eakin, Billings (Montana Trial Lawyers' Assn.), Gary L. Graham, Garlington, Lohn & Robinson, Missoula (Montana Defense Trial Lawyers, Inc.), amicus.

McDONOUGH, Justice.

Defendant, Montana Power Company (MPC), appeals from a jury verdict of the Seventeenth Judicial District, Blaine County. The jury awarded plaintiff, Spencer Sizemore (Sizemore), damages for injuries sustained when an I-beam he was holding came into contact with a high voltage power line owned by MPC. The jury found that 15% of Sizemore's injuries was attributable to his own negligence, 20% was attributable to his co-worker, Keith Kessel (Kessel...

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