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CUTLER v. JIM GILMAN EXCAVATING, INC.

No. 02-247.

80 P.3d 1203 (2003)

2003 MT 314

Marvin L. CUTLER, Plaintiff and Appellant, v. JIM GILMAN EXCAVATING, INC., a Montana Corporation, Anaconda-Deer Lodge County, a Political Subdivision of the State of Montana, Joseph A. Guiberson, Night Shift Commander, and Daniel Blume, Law Enforcement Officer, and individually, Defendants and Respondents.

Supreme Court of Montana.

Decided November 18, 2003.

Rehearing Denied December 18, 2003.

Attorney(s) appearing for the Case

For Appellant: John C. Doubek, Small, Hatch, Doubek & Pyfer, Jack Scanlon, Attorney at Law, Helena, Montana.

For Respondents: Allen B. Chronister, Chronister, Moreen & Larson, P.C., Helena, Montana, Thomas M. Welsch, Poore, Roth & Robinson, Butte, Montana, William M. O'Leary, Corette, Pohlman & Kebe, Butte, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Appellant Marvin Cutler was injured in a single vehicle accident near Anaconda, Montana. As a result, Cutler filed a complaint against Respondents Jim Gilman Excavating, Inc., Anaconda-Deer Lodge County, Joseph Guiberson and Daniel Blume in the Third Judicial District Court, Anaconda-Deer Lodge County. The case proceeded to trial, and the jury returned...

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