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SCHMIDT v. STATE

No. 97-166.

951 P.2d 23 (1997)

Sherry Robinson SCHMIDT, Individually and as Personal Representative of the Estate of Steven Daniel Schmidt, Deceased, Plaintiff and Appellant, v. STATE of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided December 15, 1997.

Attorney(s) appearing for the Case

Thomas A. Budewitz, Helena, for Plaintiff and Appellant.

Joseph P. Mazurek, Attorney General, Paul D. Johnson, Assistant Attorney General, Agency Legal Services, Helena, for Defendant and Respondent.

Norman H. Grosfield, Helena, for Amicus Curiae, Montana Association of Counties.

TRIEWEILER, Justice.

The plaintiff, Sherry Robinson Schmidt, filed a complaint against the defendant, State of Montana, in the District Court for the First Judicial District in Broadwater County, in which she alleged that the death of her husband, Steven Daniel Schmidt, was caused during the course of his employment with the State of Montana by the State's wrongful conduct. She sought damages on behalf of his estate and his survivors as a result of his injuries and...

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