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BUERKLEY v. ASPEN MEADOWS LTD. PARTNERSHIP

No. 98-190.

980 P.2d 1046 (1999)

1999 MT 97

Trevor BUERKLEY, Plaintiff and Appellant, v. ASPEN MEADOWS LIMITED PARTNERSHIP, a limited partnership, Parkview Convalescent Care, a partnership, Bill McLain, a general partner of Aspen Meadows and partner of Parkview, Steve McLain, a partner of Parkview and Comcare, Inc., a partner of Parkview, Defendants and Respondents.

Supreme Court of Montana.

Decided May 17, 1999.

Attorney(s) appearing for the Case

Gene R. Jarussi; Jarussi & Bishop; Billings, Montana, For Appellant.

Patrick E. Melby; Luxan & Murfitt, PLLP; Helena, Montana (for Aspen Meadows, Parkview Convalescent Care, Bill McLain, and Steve McLain), For Respondents.

Justice TERRY N. TRIEWEILER delivered the Opinion of the Court.

¶ 1 The plaintiff, Trevor Buerkley, filed suit in the District Court for the Thirteenth Judicial District in Yellowstone County to recover damages from the defendants, Aspen Meadows, Parkview Convalescent Care, and Bill McLain and Steve McLain, for an injury to his hand. The District Court awarded summary judgment in favor of the defendants. We reverse...

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