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KNUTSON v. BARBOUR

No. 93-262.

879 P.2d 696 (1994)

Darlene KNUTSON and Ron Knutson, Plaintiffs/Respondents & Cross-Appellants, v. Timothy C. BARBOUR, James E. Nelson, and T.J.'s Pool and Game Room, Inc., d/b/a T.J.'s Lounge, Defendants/Appellants & Cross-Respondents.

Supreme Court of Montana.

Decided August 16, 1994

Attorney(s) appearing for the Case

Robert J. Emmons and Joseph M. Sullivan, Emmons & Sullivan, Great Falls, for appellants.

Howard F. Strause, Great Falls, for respondents.

Gerald J. Neely, Billings, for amicus curiae, Montana Medical Ass'n.

Debra D. Parker, Murphy, Robinson, Heckathorn & Phillips, Kalispell, for amicus curiae, Montana Defense Trial Lawyers.

Patricia Cotter, Great Falls, for amicus curiae, Montana Trial Lawyers Ass'n.

NELSON, Justice.

This is an appeal by the defendants and a cross-appeal by the plaintiffs from a jury verdict in favor of the plaintiff, Darlene Knutson in a "slip and fall" case. The jury attributed negligence to the defendants Timothy C. Barbour, James E. Nelson, d/b/a T.J.'s Lounge (80%) and found Darlene Knutson comparatively negligent (20%). Both parties appeal certain issues. We reverse and remand.

ISSUES

Although numerous issues were appealed...

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