STARKENBURG v. STATE

No. 95-496.

934 P.2d 1018 (1997)

Glenn F. STARKENBURG, for himself and as Personal Representative of the Estate of Kimberly Kelly Starkenburg, on behalf of the heirs and successors of decedent; April Williams McCarty, Plaintiffs and Respondents, v. STATE of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided March 11, 1997.


Attorney(s) appearing for the Case

Maxon R. Davis (argued), Kevin C. Meek; Davis, Hatley, Haffeman & Tighe, Great Falls, for Defendant and Appellant.

James G. Hunt, James P. Molloy (argued); Dix, Hunt & Molloy Law Firm, Helena, Janet L. Rice; Schroeter, Goldmark & Bender, Seattle, WA, Ralph A. Alfieri; Law Offices of Ralph A. Alfieri, Seattle, WA, for Plaintiffs and Respondents.


GRAY, Justice.

The State of Montana (State) appeals from the judgment entered by the First Judicial District Court, Lewis and Clark County, on a jury verdict awarding Glenn and Lois Starkenburg $250,000 in damages plus their costs, the Estate of Kimberly Starkenburg $210,000 in damages plus its costs, and April Williams McCarty $400,000 in damages plus her costs. We affirm.

We restate the issues on appeal as follows:

1. Did the District Court err in...

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