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BUHR ON BEHALF OF LLOYD v. FLATHEAD COUNTY

No. 92-061.

886 P.2d 381 (1994)

Allen BUHR, Personal Representative of the Estate of Joshua Lloyd, and on Behalf of the heirs, Tom LLOYD, and Michele Lloyd, Plaintiffs and Appellants, v. FLATHEAD COUNTY, a political subdivision of the State of Montana; Wallace S. Wilder, M.D.; Kalispell Regional Hospital; Western Montana Regional Mental Health Center, Defendants and Respondents.

Supreme Court of Montana.

Decided December 8, 1994.

Rehearing Denied December 29, 1994.

Attorney(s) appearing for the Case

Edward P. Moriarity (argued), Spence, Moriarity & Schuster, Jackson, WY, James A. Manley, Manley Law Offices, Polson, Thomas J. Beers, Connell & Beers, Missoula, Mary C. Downey, Vuong, Downey & Louie, Coronado, CA, for appellants.

Dolphy O. Pohlman (argued), Corette, Pohlman, Allen, Black & Carlson, Butte, for Mental Health Center.

Larry E. Riley (argued), Garlington, Lohn & Robinson, Missoula, for Wallace S. Wilder, M.D.

Todd A. Hammer (argued), Warden, Christiansen, Johnson & Berg, Kalispell, for Flathead County.

James E. Vidal (argued), Murray & Kaufman, Kalispell, for Kalispell Regional Hosp.

James A. Haynes, Hamilton, MT, for respondents.

GRAY, Justice.

Allen Buhr appeals from judgments in favor of all defendants and from an order of the Eleventh Judicial District Court, Flathead County, denying his motion for a new trial. We affirm.

Buhr presents the following issues:

1. Did the District Court properly instruct the jury regarding negligence per se? a. Did the District Court err in instructing the jury on the statutory duties of Flathead County and Mental Health by...

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