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CALIFATO v. GERKE

No. 91-563.

852 P.2d 121 (1993)

Gloria CALIFATO, as Guardian ad litem for Ryan Johnson, Plaintiff and Respondent, v. Russell GERKE and Rusty Gerke, Defendants and Appellants.

Supreme Court of Montana.

Decided April 20, 1993.

Attorney(s) appearing for the Case

Mark L. Stermitz, Warden, Christiansen, Johnson & Berg, Kalispell, for Defendants and appellants.

James A. Manley, Manley Law Office, Polson, for plaintiff and respondent.

TRIEWEILER, Justice.

Plaintiff Gloria Califato filed her complaint in the District Court of the Twentieth Judicial District, Lake County, as guardian ad litem on behalf of her son, Ryan Johnson. She alleged that he was injured while operating a vehicle owned by Russell Gerke because the seatbelts had been rendered inoperable by Russell's son, Rusty Gerke. Pursuant to Rule 12(c), M.R.Civ.P., defendants moved for judgment on...

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