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FJELSTAD v. STATE, THROUGH DEPT. OF HIGHWAYS

No. 93-400.

883 P.2d 106 (1994)

Gary D. FJELSTAD, as Conservator of Mareia Ellen Fjelstad, a Protected Person, Plaintiff, Respondent, and Cross-Appellant, v. STATE of Montana, Acting Through its DEPARTMENT OF HIGHWAYS, Defendant, Appellant, and Cross-Respondent.

Supreme Court of Montana.

Decided October 25, 1994.

Attorney(s) appearing for the Case

R.H. Bellingham, T. Thomas Singer, and Harlan B. Krogh, Moulton, Bellingham, Longo & Mather, Billings, for appellant.

Donald W. Molloy, Molloy Law Offices, Billings, Theodore R. Dunn, Goetz, Madden & Dunn, Bozeman, Lee R. Kerr, Kerr Law Office, Hysham, for respondent.

TRIEWEILER, Justice.

Plaintiff Gary D. Fjelstad commenced this action in the District Court of the Sixteenth Judicial District in Treasure County to recover damages for personal injuries sustained by his daughter Mareia as a result of an automobile collision that occurred on December 18, 1988. Following trial, a Treasure County jury returned its verdict in favor of defendant State of Montana, finding that it was not negligent. Fjelstad moved for a new trial based...

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