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FINSTAD v. W.R. GRACE & CO.

No. 99-444.

8 P.3d 778 (2000)

2000 MT 228

Kenneth R. FINSTAD and Edith L. Finstad, husband and wife, Plaintiffs, Respondents, and Cross-Appellants, v. W.R. GRACE & CO.-Conn., a Connecticut corporation, and DOES I-IV, Defendants, Appellants, and Cross-Respondents.

Supreme Court of Montana.

Submitted April 27, 2000.

Decided August 22, 2000.

Attorney(s) appearing for the Case

Gary L. Graham and David C. Berkoff, Garlington, Lohn & Robinson, Missoula, Montana, For Appellants.

Allan M. McGarvey (argued), Jon L. Heberling, Roger M. Sullivan, McGarvey, Heberling, Sullivan & McGarvey, Kalispell, Montana, For Respondents.

Sean Hinchey (argued), Bottomly Law Offices, Kalispell, Montana Jennifer Hendricks, Meloy & Morrison, Helena, Montana, For Amicus (Montana Trial Lawyers Association).

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Kenneth R. Finstad and Edith L. Finstad, husband and wife (Finstads), filed suit against W.R. Grace & Co.-Conn. (W.R.Grace) in the Nineteenth Judicial District Court, Lincoln County. A jury trial resulted in a verdict in favor of the Finstads, awarding $400,000 in compensatory damages and determining that an award of punitive damages was warranted. Immediately thereafter, the District Court conducted...

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