SCOTT v. HENRICH

No. 96-667.

938 P.2d 1363 (1997)

Doris A. SCOTT, individually and as Personal Representative of the Estate of John William Scott, Deceased, Plaintiff and Appellant, v. James L. HENRICH, David J. Flamand, Butte-Silver Bow Law Enforcement Agency, City of Butte, and County of Silver Bow, Defendants and Respondents.

Supreme Court of Montana.

Decided June 10, 1997.


Attorney(s) appearing for the Case

Curtis G. Thompson and William D. Jacobsen; Thompson & Jacobsen; Great Falls, for plaintiff and appellant.

Brendon J. Rohan; Poore, Roth & Robinson; Butte, for defendants and respondents Henrich, Flamand and Butte-Silver Bow Law Enforcement Agency.

Marshal L. Mickelson; Corette, Pohlman & Kebe; Butte, for defendants and respondents City of Butte and County of Silver Bow.


REGNIER, Justice.

Doris Scott appeals from the Silver Bow County, Second Judicial District Court's entry of summary judgment against her in this negligence action for wrongful death and survivorship, arising from the shooting death of her husband by an officer of the Butte-Silver Bow Law Enforcement Agency. We reverse.

The sole issue before us is whether the District Court erred in granting summary judgment against...

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