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SMITH v. KERNS

No. 96-381.

931 P.2d 717 (1997)

Embernetta D. SMITH, Plaintiff and Appellant, v. Krayton KERNS, d/b/a Beartooth Veterinary Clinic, Defendant and Respondent.

Supreme Court of Montana.

Decided January 28, 1997.

Attorney(s) appearing for the Case

Frank C. Richter; Richter, Torkelson & Hanson, Billings, for Plaintiff and Appellant.

Guy W. Rogers, Tiffany B. Lonnevik; Brown, Gerbase, Cebull, Fulton, Harman & Ross, Billings, for Defendant and Respondent.

LEAPHART, Justice.

Appellant, Embernetta Smith (Smith), appeals from the Thirteenth Judicial District Court's decision granting summary judgment to Krayton Kerns, Doctor of Veterinary Medicine (Dr. Kerns). We reverse and remand.

We address only the following dispositive issue:

Did the District Court err in granting summary judgment to Dr. Kerns?

BACKGROUND

Smith and her husband arrived at Beartooth Veterinary Clinic to drop off...

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