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SHILHANEK v. D-2 TRUCKING, INC.

No. 01-874.

70 P.3d 721 (2003)

2003 MT 122

Roxy SHILHANEK, an individual; Corey Shilhanek, a minor by and through his guardian ad litem, Timothy Shilhanek; Ryan Shilhanek, a minor by and through his guardian ad litem, Timothy Shilhanek; and Timothy Shilhanek, an individual, Plaintiffs and Appellants, v. D-2 TRUCKING, INC., a corporation; Krzysztof Ceklarz, an individual; Adam Cwikla, and Does 1 through 50 inclusive; and Canal Insurance Company, intervenor, Defendants and Respondents.

Supreme Court of Montana.

Submitted November 21, 2002.

Decided April 29, 2003.

As Modified on Grant of Rehearing June 10, 2003.

Attorney(s) appearing for the Case

A Clifford Edwards (argued), Roger W. Frickle, Edwards, Frickle, Halverson & Anner Hughes, Billings, Montana, for Appellants.

Donald L. Harris, Larry B. Cozzens (argued), Cozzens, Warren & Harris, Billings, Montana, for Respondents.

Lawrence A. Anderson, Great Falls, Montana, (MTLA), for Amicus.

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

¶ 1 Appellants Roxy Shilhanek, Timothy Shilhanek, Corey Shilhanek and Ryan Shilhanek (the Shilhaneks) filed a complaint against Respondents Krzysztof Ceklarz, Adam Cwikla and D-2 Trucking, Inc. (D-2), in the Thirteenth Judicial District Court, Yellowstone County. Respondent Canal Insurance Company (Canal), intervened in the case. The Shilhaneks filed a cross...

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