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VALEO v. TABISH

No. 98-599.

983 P.2d 334 (1999)

1999 MT 146

James G. VALEO and Marcia Valeo, Plaintiffs/Appellants, v. Frank TABISH, Defendant/Respondent.

Supreme Court of Montana.

Decided June 29, 1999.

Attorney(s) appearing for the Case

James A. Bowditch, Milodragovich, Dale, Steinbrenner & Binney, P.C., Missoula, Montana, For Appellants.

John R. Gordon, Reep, Spoon & Gordon, P.C., Missoula, Montana, For Respondent.

Justice JIM REGNIER delivered the opinion of the Court.

¶ 1 James and Marcia Valeo contracted with Frank Tabish to transport fill dirt onto their property. In performing this work, trucks were driven over the Valeos' driveway. As a result, the Valeos claim that the pavement of their driveway was damaged.

¶ 2 The Valeos submitted a claim to Tabish's insurer which was denied. The Valeos then filed a negligence action in the Fourth Judicial District...

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