BROWN v. DEMAREE

No. 95-033.

901 P.2d 567 (1995)

Carl BROWN, Plaintiff and Appellant, v. Gary DEMAREE, Defendant and Respondent.

Supreme Court of Montana.

Decided August 21, 1995.

Rehearing Denied September 21, 1995.


Attorney(s) appearing for the Case

Carl A. Hatch, Richard J. Pyfer, Kirk S. Bond, Small, Hatch, Doubek & Pyfer, Helena, for appellant.

Jacqueline T. Lenmark, Keller, Reynolds, Drake, Johnson & Gillespie, Helena, for respondent.


NELSON, Justice.

Carl Brown (Brown) appeals from an order of the First Judicial District Court, Lewis and Clark County, granting summary judgment to Gary Demaree (Demaree) on Brown's complaint in negligence for personal injuries. We reverse and remand for further proceedings.

Background

In addition to the pleadings, motions and briefs, the record on appeal consists solely of Brown's deposition. On that record, the following material facts are not...

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