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JOHNSON v. DEMPSEY

No. 94-448.

901 P.2d 615 (1995)

Michael JOHNSON, Plaintiff and Appellant, v. Don DEMPSEY, Sandy Dempsey, and Cody Dempsey, a Minor; Don Doner, Mary Doner, and Brian and Brett Doner, Defendants and Respondents.

Supreme Court of Montana.

Decided September 8, 1995.

Attorney(s) appearing for the Case

Robert T. Cummins, Helena, for appellant.

Ross P. Richardson, Mark A. Vucurovich, Henningsen, Vucurovich & Richardson, Butte, for Dempseys.

Brendon J. Rohan, Poore, Roth & Robinson, Butte, for Don and Mary Doner.

Vincent J. Kozakiewicz, Dillon, for Brian Brett Doner.

TRIEWEILER, Justice.

The plaintiff, Michael Johnson, filed a complaint in the District Court for the Fifth Judicial District in Beaverhead County in which he alleged that the defendant parents were liable for damages to his property caused by the defendants' children. The District Court denied the parents' motions for summary judgment, but concluded that the parents' potential liability was $2,600 per child, plus costs, pursuant to §§ 40-6-237 and -238,...

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