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JOHNSON v. BARRETT

No. 98-594.

983 P.2d 925 (1999)

1999 MT 176

Robert L. JOHNSON, Plaintiff and Appellant, v. Stephen M. BARRETT, Defendant and Respondent.

Supreme Court of Montana.

Submitted on Briefs April 8, 1999.

Decided July 27, 1999.

Rehearing Denied August 31, 1999.

Attorney(s) appearing for the Case

Brad A. Schreiber; Quinn, Eiesland, Day & Barker, Belle Fourche, South Dakota, For Appellant.

Keith Strong, John A. Kützman; Dorsey & Whitney, Great Falls, Montana, For Respondent.

Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 Robert L. Johnson (Johnson) appeals from the order of the Tenth Judicial District Court, Fergus County, granting the motion for summary judgment made by Stephen M. Barrett (Barrett). We affirm.

¶ 2 The sole issue on appeal is whether the District Court erred in granting Barrett's motion for summary judgment.

BACKGROUND

¶ 3 In May of 1989, a vehicle-pedestrian accident...

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