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HATCH v. DEPARTMENT OF HIGHWAYS

No. 94-024.

887 P.2d 729 (1994)

Linda Joann HATCH, Individually and as Conservator of the Estates of Wade Russell Hatch, J. Adam Hatch, Carson Miles Hatch and Crystal Marie Hatch, Minors, and Carrie Hatch, Plaintiffs and Appellants, v. STATE of Montana DEPARTMENT OF HIGHWAYS, Defendant and Respondent. Linda Joann HATCH, Personal Representative of the Estate of J. Calvin Hatch, deceased, Plaintiff and Appellant, v. STATE of Montana DEPARTMENT OF HIGHWAYS, Defendant and Respondent. Brenda I. DEMERS, a single person and Sandra Marie Hollister, a single person, Plaintiffs and Appellants, v. STATE of Montana DEPARTMENT OF HIGHWAYS, Defendant and Respondent.

Supreme Court of Montana.

Decided December 23, 1994.

Attorney(s) appearing for the Case

Frank B. Morrison, Jr.; Morrison Law offices, Whitefish; Jay DeMers, Attorney at Law, Seattle, WA, Benjamin W. Hilley; Hilley & Loring, Bigfork, for appellant.

Sherman Lohn and Steve Carey; Garlington, Lohn & Robinson, Missoula, for respondent.

GRAY, Justice.

Linda Joann Hatch (Hatch) and Brenda DeMers (DeMers) appeal from an opinion and order of the Fourth Judicial District Court, Missoula County, granting partial summary judgment in favor of the State of Montana Department of Highways. We affirm.

We restate the issues on appeal as follows:

1. Did the District Court err in granting summary judgment on the State's liability for Beatty's pulling the snowplow onto the highway in front of the...

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