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BUELING v. SWIFT

No. 97-167.

958 P.2d 694 (1998)

1998 MT 112

Anita K. BUELING, surviving spouse and personal representative of the Estate of David S. Bueling, Plaintiff and Appellant, v. Douglas E. SWIFT, M.D. and David Anderson, M.D., Defendants and Respondents.

Supreme Court of Montana.

Decided May 5, 1998.

Attorney(s) appearing for the Case

John C. Doubek; Small, Hatch, Doubek & Pyfer, Helena, for Plaintiff and Appellant.

James E. Aiken; Jardine, Stephenson, Blewett & Weaver, Great Falls, for Dr. Swift.

John Maynard, Marcia Davenport; Browning, Kaleczyc, Berry & Hoven, Helena, for Dr. Anderson.

LEAPHART, Justice.

¶ 1 Appellant Anita Bueling (Bueling) appeals from the April 10, 1997 order of the Eighth Judicial District Court, Cascade County, denying Bueling's motions to set aside the jury verdict and for a new trial. We reverse in part, affirm in part, and remand for a new trial.

¶ 2 Bueling raises the following issues:

¶ 3 1. Did the District Court err in granting Respondents Dr. Douglas Swift (Dr.

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