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SIMCHUK v. ANGEL ISLAND COMMUNITY ASS'N

No. 91-428.

833 P.2d 158 (1992)

John SIMCHUK, Plaintiff, Appellant and Cross-Respondent, v. ANGEL ISLAND COMMUNITY ASSOCIATION, A Montana Nonprofit Corporation, John/Jane Does I through X, ABC Companies, I through X, Defendants, Respondents and Cross-Appellants. ANGEL ISLAND COMMUNITY ASSOCIATION, Third-Party Plaintiff, v. Barbara j. DOBLER, Third-Party Defendant.

Supreme Court of Montana.

Decided June 2, 1992.

Rehearing Denied June 25, 1992.

Attorney(s) appearing for the Case

Michael F. Lamb and Jean E. Faure, Church, Harris, Johnson & Williams, Great Falls; Ronald Leighton, Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim, Tacoma, Wash., for plaintiff, appellant and cross-respondent.

Robert J. Emmons, Emmons & Sullivan, Great Falls, for defendants, respondents and cross-appellants.

John R. Gordon, Reep, Spoon & Gordon, Missoula, for third-party defendant.

David R. Paoli, Edwards & Paoli, Billings, for amicus.

HARRISON, Justice.

Appellant, John Simchuk, appeals from the judgment notwithstanding the verdict (JNOV) entered in favor of respondent, Angel Island Community Association (Angel Island), by the Nineteenth Judicial District Court, Lincoln County, Montana. Angel Island cross-appeals the District Court's denial of its motion for JNOV on the issue of negligence. Angel Island also cross-appeals the jury verdict in favor of Barbara Dobler, third-party defendant. We reverse...

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