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NEWVILLE v. STATE, DEPT. OF FAMILY SERVICES

No. 92-310.

883 P.2d 793 (1994)

Jeannine NEWVILLE and Damon Gannett, Co-Guardians ad litem for R.M., a minor, Plaintiffs, Appellants and Cross-Respondents, v. STATE of Montana, DEPARTMENT OF FAMILY SERVICES, an agency of the state of Montana, Defendant, Respondent and Cross-Appellant.

Supreme Court of Montana.

Decided August 29, 1994.

Rehearing Denied November 17, 1994.

Attorney(s) appearing for the Case

Monte D. Beck, John J. Richardson, Beck Law Offices, Bozeman, Larry A. Anderson, Howard F. Strause, Great Falls, for appellant.

R.H. Bellingham, T. Thomas Singer, Moulton, Bellingham, Longo and Mather, Billings, for respondent.

Robert J. Phillips, John E. Bohyer, Phillips & Williams, Randy J. Cox, Boone, Karlberg & Haddon, Missoula, for amicus curiae Montana Defense Trial Lawyers Ass'n.

L. Randall Bishop, Jarussi & Bishop, Donald W. Molloy, Billings, David R. Paoli, Missoula, for amicus curiae Montana Trial Lawyers Ass'n.

WEBER, Justice.

This is an appeal by the plaintiffs from a jury verdict arising out of the Eighteenth Judicial District Court, Gallatin County, in favor of plaintiffs' ward, R.M., in a negligence action concerning severe injuries inflicted upon R.M. by her foster father while in his care pending an adoption. The jury attributed negligence under § 27-1-703, MCA, Montana's comparative negligence statute, to the State of Montana Department of Family Services (30...

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