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HARDING v. DEISS

No. 99-213.

3 P.3d 1286 (2000)

2000 MT 169

Marsha HARDING, natural mother and personal representative of the Estate of Candice Jamie Jane Shuck, deceased, Plaintiff and Appellant, v. Zachory DEISS, M.D. and Glenn Sublette, M.D., Defendants and Respondents.

Supreme Court of Montana.

Decided June 27, 2000.

Attorney(s) appearing for the Case

John C. Doubek, Small, Hatch, Doubek & Pyfer, Helena, MT, for Appellant.

Larry Riley, Susan P. Roy, Garlington, Lohn & Robinson, Missoula, MT, for Respondents.

HUNT, Justice.

¶ 1 Marsha Harding (Appellant) appeals from the denial by the Third Judicial District Court, Deer Lodge County, of her motion for a mistrial, and its issuance of a jury instruction on comparative negligence. We reverse.

¶ 2 We restate Appellant's issues on appeal as follows:

I Did the District Court err in allowing Respondents to present argument and jury instructions on comparative negligence?

II Did the District Court...

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