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KORTES v. POOL CO.

No. 94-558.

893 P.2d 322 (1995)

Susan KORTES, Personal Representative on behalf of the Estate of Richard Jon Kortes, on behalf of Raymond Jon Kortes and Cassandra Eileen Kortes, the minor children of Richard Jon Kortes, Plaintiff and Appellant, v. POOL COMPANY and John Doe Manufacturer A, and John Doe Manufacturer B, jointly and severally, Defendants and Respondents.

Supreme Court of Montana.

Decided April 11, 1995.

Attorney(s) appearing for the Case

Jerrold L. Nye, Nye & Meyer, Billings, for appellant.

Joe C. Maynard and Lori A. Harper, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, for respondents.

TRIEWEILER, Justice.

Plaintiff Susan Kortes filed a complaint in the District Court for the Seventh Judicial District in Richland County in which she alleged that her son Richard's death was caused by the negligence of his employer, Pool Company. Pool Company moved to dismiss Susan's complaint pursuant to Rule 12(b)(6), M.R.Civ.P. The District Court granted Pool Company's motion to dismiss based on its conclusion that the Workers' Compensation Act provided Susan's...

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