MAGUIRE v. STATE

No. 91-313.

835 P.2d 755 (1992)

Margaret MAGUIRE, individually and as Guardian of Mary Margretta Glover, an Incapacitated Person and Baby Glover, Plaintiffs and Respondents, v. The STATE of Montana, Montana Department of Institutions, the Montana Developmental Center and Carroll V. South, Director of Department of Institutions, Defendants and Appellants.

Supreme Court of Montana.

Decided August 12, 1992.


Attorney(s) appearing for the Case

Sam E. Haddon, argued, Boone, Karlberg & Haddon, Missoula, G. Curtis Drake, Keller, Reynolds, Drake, Sternhagen & Johnson, Helena, for defendants and appellants.

William P. Joyce, argued, Burgess, Joyce & Whelan, Butte, for plaintiffs and respondents.


McDONOUGH, Justice.

The State of Montana appeals a jury verdict in favor of Margaret Maguire, individually and as guardian of Mary Margretta Glover and from a judgment of the Second Judicial District Court, Silver Bow County. We affirm in part and reverse in part.

We address the following issues on appeal:

1. Whether the District Court erred in granting partial summary judgment and in directing a verdict that the State was liable for criminal conduct...

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