ESTATES OF MILLIRON v. FRANCKE

No. 89-558.

793 P.2d 824 (1990)

The ESTATES OF Alfred L. MILLIRON and Anna B. Milliron, Plaintiffs and Appellants, v. Walter FRANCKE, M.D., and Roundup Memorial Hospital, Defendants and Respondents.

Supreme Court of Montana.

Decided June 1, 1990.


Attorney(s) appearing for the Case

Dane C. Schofield, Peterson, Schofield & Leckie, Billings, for plaintiffs and appellants.

Richard F. Cebull, Anderson, Brown, Gerbase, Cebull, Fulton, Joseph P. Hennessey, Billings, for defendants and respondents.


Justice McDONOUGH delivered the Opinion of the Court.

This is an appeal by the estates of the decedent plaintiff and his now deceased wife arising out of a medical malpractice claim. The plaintiff estates appeal the order of the Montana Fourteenth Judicial District Court, Musselshell County, granting summary judgment to the defendant Roundup Memorial Hospital on the grounds that it cannot be held vicariously liable for the alleged negligence of an independent contractor...

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