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EMERY v. FEDERATED FOODS

No. 92-578.

863 P.2d 426 (1993)

Chad EMERY and Laura Emery, for herself and as next friend to Chad Emery, Plaintiffs and Appellants, v. FEDERATED FOODS, INC., West Coast Grocery Company and its successor-in-interest Super Valu Stores, Inc., Mark Sorenson, M.D., and Kidd & Company, Inc., Defendants and Respondents.

Supreme Court of Montana.

Decided November 18, 1993.

Attorney(s) appearing for the Case

Frank B. Morrison, Jr., Morrison Law Offices, Kalispell (argued), for plaintiffs and appellants.

Sherman V. Lohn (argued), Garlington, Lohn & Robinson, Kalispell, for Federated Foods.

Leonard Kaufman and James Ramlow (argued), Murray, Kaufman, Vidal, Gordon & Ogle, Kalispell, for Mark Sorenson, M.D.

GRAY, Justice.

Chad Emery appeals from an order of the Fourth Judicial District Court, Missoula County, granting summary judgment to Federated Foods, Inc., Kidd and Co., Inc., West Coast Grocery Co. and its successor-in-interest Super Valu Stores, Inc. (collectively hereafter Federated Foods). He also appeals an order changing venue to Flathead County on a negligence claim against Mark Sorenson, M.D. We reverse and remand.

We phrase the issues on appeal as...

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