WHITING v. STATE

No. 90-135.

810 P.2d 1177 (1991)

Marie WHITING and Robert Whiting, Plaintiffs and Respondents, v. STATE of Montana, Defendant and Appellant, and Chris A. PRADA, Andrea M. Prada, Stacie L. Prada, individually and Stephanie Prada, and Ashley Prada, By and Through their natural parents and best friends, Gregory C. Prada and Chris A. Prada, and Gregory C. Prada, individually, Plaintiffs and Respondents, v. STATE of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided April 30, 1991.

Rehearing Denied May 30, 1991.


Attorney(s) appearing for the Case

I. James Heckathorn, Murphy, Robinson, Heckathorn & Phillips, Kalispell, Patrick M. Driscoll, Chronister, Driscoll & Moreen, Helena, for defendant and appellant.

Donald C. Robinson, Poore, Roth & Robinson, Butte (Whitings and Pradas), Richard M. Hodges, Van Horne, Vogt, Noall & Hodges, Denver (Pradas), for plaintiffs and respondents.


HARRISON, Justice.

Defendant, State of Montana, appeals from a jury verdict of the Second Judicial District, Silver Bow County. The jury awarded plaintiffs, Whiting and Prada, damages for injuries sustained from a car accident caused, in part, because of an improperly marked exit ramp. The jury found that 42% of plaintiffs' injuries were attributable to Whiting's negligence and 58% were attributable to the State's negligence. We affirm.

The issues are as follows...

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