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SHERNER v. CONOCO, INC.

No. 98-630.

995 P.2d 990 (2000)

2000 MT 50

Peter R. SHERNER and Deborah Sherner, Plaintiffs and Appellants, v. CONOCO, INC., Defendant and Respondent.

Supreme Court of Montana.

Submitted December 2, 1999.

Decided February 29, 2000.

As Amended on Denial of Rehearing March 30, 2000.

Attorney(s) appearing for the Case

Gene R. Jarussi, Jarussi & Bishop, Billings, Montana; Thomas E. Boland, Jeremiah C. Lynch, Great Falls, Montana, for Appellant.

David A. Veeder, Jolane D. Veeder, Veeder Law Firm, Billings, Montana, for Respondent.

Lawrence A. Anderson, Great Falls, Montana; (Montana Trial Lawyers Association); Gary L. Graham, Garlington, Lohn & Robinson, Missoula, Montana (Montana Defense Trial Lawyers); Peter F. Habein, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Montana ( Farmers Insurance Exchange), for Amici.

Justice WILLIAM E. HUNT, Sr. delivered the Opinion of the Court.

¶ 1 Peter Sherner (Sherner) appeals from the order of the Thirteenth Judicial District Court, Yellowstone County, granting Respondent Conoco, Inc. (Conoco) summary judgment. We reverse and remand.

¶ 2 The two issues on appeal are:

I What standard should be used to determine whether an employers act or omission is "intentional and malicious,"thereby allowing an injured worker...

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