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BROCKIE v. OMO CONST., INC.

No. 91-585.

844 P.2d 61 (1992)

Michael BROCKIE, as Personal Representative of the Estate of Aric C. Brockie, Deceased, Plaintiff and Appellant, v. OMO CONSTRUCTION, INC., Defendant and Respondent.

Supreme Court of Montana.

Decided December 16, 1992.

Rehearing Denied January 14, 1993.

Attorney(s) appearing for the Case

Kurt M. Jackson, Hoyt and Blewett, Great Falls, for plaintiff and appellant.

Michael J. Milodragovich and Margaret L. Sanner, Milodragovich, Dale and Dye, Missoula, for defendant and respondent.

McDONOUGH, Justice.

Michael Brockie, personal representative of the estate of Aric C. Brockie, appeals from an order of the First Judicial District, Lewis and Clark County, denying his motion for a new trial. We affirm in part and reverse in part.

The following issues are presented on appeal:

1. Whether the District Court erred in denying Brockie's motion for a new trial;

2. Whether the District Court erred in refusing to instruct the jury...

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