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ESTATE OF SPICHER v. MILLER

No. 92-080.

861 P.2d 183 (1993)

ESTATE OF Vonnie D. SPICHER, Deceased, By and Through Wayne SPICHER, Personal Representative, Wayne SPICHER, individually and as Guardian Ad Litem for Malynda KaAnn Spicher and Briton Earl Spicher, Minors, Plaintiffs and Appellants, v. Frank MILLER, M.D., and Havre Clinic, Defendants and Respondents.

Supreme Court of Montana.

Decided October 6, 1993.

Attorney(s) appearing for the Case

Frank Altman and Dan Boucher, Altman & Boucher, Havre; Diane Fenner, Adler & Kops, Philadelphia, PA., for plaintiffs and appellants.

James Aiken, Jardine Stephenson, Blewett & Weaver, Great Falls, for defendants and respondents.

TURNAGE Chief Justice.

This is an action for wrongful death and survivorship. A jury in the Twelfth Judicial District, Hill County, returned a verdict for plaintiffs and awarded damages of $302,461. The plaintiffs appeal. We affirm.

The issues are:

1. Did the District Court err in refusing to grant a new trial on grounds of juror misconduct and irregularity in the proceedings?

2. Did the court err in refusing to grant a new trial on grounds...

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