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UNMACK v. DEACONESS MEDICAL CENTER

No. 97-429.

967 P.2d 783 (1998)

1998 MT 262

Charles Frederick UNMACK and Linda J. Unmack, Plaintiffs and Appellants, v. DEACONESS MEDICAL CENTER, Billings Clinic, B.R., P.C., Yellowstone Emergency Physicians, a general partnership, Michael Bush, M.D., Rich Cole, M.D., Barbara Curry, M.D., Rick Lamb, M.D., R. James Majxner, M.D., Jean Ellis, M.D., James R. Harris, M.D., J.D.W., M.D., John Does I-V as employees and agents of Deaconess Medical Center, and John Does VI-X as employees and agents of Billings Clinic, Defendants and Respondents.

Supreme Court of Montana.

Decided November 5, 1998.

Attorney(s) appearing for the Case

James P. O'Brien; O'Brien Law Office, Mark E. Westveer; Westveer Law Office, Missoula, for Plaintiffs and Appellants.

John J. Russell; Brown, Gerbase, Cebull, Fulton, Harmon & Ross, Billings, for Defendants and Respondents.

LEAPHART, Justice.

¶ 1 Plaintiffs, Charles and Linda Unmack (the Unmacks), appeal from the jury verdict and judgment of the Thirteenth Judicial District Court, Yellowstone County, dismissing their action with prejudice.

¶ 2 We reverse and remand for a new trial.

¶ 3 In determining whether the District Court erred, we consider the following issues:

¶ 4 1. Whether the District Court abused its discretion in admitting character...

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