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BLACKBURN v. BLUE MOUNTAIN WOMEN'S CLINIC

No. 96-408.

951 P.2d 1 (1997)

Amy BLACKBURN, Individually, and as Personal Representative of the Estate of Baby Boy Doe, Deceased, Plaintiff and Appellant, v. BLUE MOUNTAIN WOMEN'S CLINIC; John Roe, M.D.; Jane Doe, counselor; Montana Department of Public Health and Human Services; Director of said Department of Public Health, individually, and not in his official capacity; Sidney Pratt, M.D., Medical Director, Medical Advisory Unit, Montana Department of Public Health, individually and not in his official capacity; Family Planning Center of Butte-Silver Bow Unified Government; Terri Doe, R.N., and Jan D., R.N., employees of said Family Planning Center, Defendants and Respondents.

Supreme Court of Montana.

Submitted November 13, 1997.

Decided December 11, 1997.

Rehearing Denied January 15, 1998.

Attorney(s) appearing for the Case

Robert C. Kelleher, Sr. (argued), Butte, for Plaintiff and Appellant.

Cynthia K. Smith (argued), Cederberg, Shott & Smith, P.C., Missoula, for Defendant and Respondent Blue Mountain Clinic.

John P. Davis and Tina L. Morin (argued), Poore, Roth & Robinson, P.C., Butte, for Defendants and Respondents Butte-Silver Bow County Health Department and Jan Cossel, R.N.

Thomas G. Bowe, Assistant Attorney General, Agency Legal Services Bureau, Helena, for Defendants and Respondents Department of Public Health & Human Services and Sidney Pratt, M.D.

Michael G. Eiselein (argued), Lynaugh, Fitzgerald & Eiselein, Billings, for Amicus Curiae Montana Trial Lawyers Association.

Richard F. Cebull (argued) and Lisa A. Rodeghiero (argued), Brown, Gerbase, Cebull, Fulton, Harman & Ross, Billings, for Amicus Curiae Montana Defense Trial Lawyers Association.

Michael F. McMahon, Harrison, Loendorf, Poston & Duncan, Helena, for Amicus Curiae Montana Medical Association.

REGNIER, Justice.

In November 1995, plaintiff and appellant Amy Blackburn filed an action in the Second Judicial District Court, Silver Bow County, against the named defendants to recover damages she alleges in connection with an abortion she underwent at the Blue Mountain Clinic in Missoula on January 20, 1990. Defendants subsequently moved to dismiss Blackburn's first amended complaint on the basis that each of Blackburn's claims is barred by the applicable statute...

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