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SMART v. MOLINARIO

No. 02-760.

83 P.3d 1284 (2004)

2004 MT 21

John SMART, Plaintiff and Appellant, v. Toni MOLINARIO, Defendant, Respondent and Cross-Appellant.

Supreme Court of Montana.

Decided January 28, 2004.

Attorney(s) appearing for the Case

For Appellant: John Smart, Pro Se, Helena, Montana.

For Respondent: John E. Bohyer and Jack Jenks, Phillips & Bohyer, P.C., Missoula, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 John Smart was the plaintiff in a negligence action against defendant Toni Molinario arising from an automobile accident in November of 1998. The District Court dismissed Smart's action with prejudice as a sanction for dilatory discovery practices. Smart now appeals. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 On the cold and snowy night of November 8, 1998, Smart...

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