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CARROLL v. W.R. GRACE & CO.

No. 91-283.

830 P.2d 1253 (1992)

Edith Isabella CARROLL, Wife of Charles Elmer carroll, Deceased, and Personal Representative of the Estate of Charles Elmer Carroll, Plaintiff and Respondent, v. W.R. GRACE & COMPANY, Defendant and Appellant.

Supreme Court of Montana.

Decided January 14, 1992.

Attorney(s) appearing for the Case

Tom L. Lewis, Regnier, Lewis & Boland, Thomas A. Baiz, Jr., Baiz Law Office, Great Falls, for plaintiff and respondent.

Gary L. Graham and Maureen H. Lennon, Garlington, Lohn & Robinson, Missoula, for defendant and appellant.

GRAY, Jutice.

This case is before us on certified questions from the Ninth Circuit Court of Appeals concerning the point at which a Montana wrongful death action accrues. We accepted certification pursuant to Rule 44 of the M.R.App.P.

Appellant (and defendant), W.R. Grace and Company, claims that the action accrues at the date of injury. Respondent (and plaintiff), Edith Carroll, claims that a wrongful death action accrues at the death of the injured person...

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