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PAYNE v. KNUTSON

No. 03-784.

99 P.3d 200 (2004)

2004 MT 271

323 Mont. 165

Darlene PAYNE, individually, and as Personal Representative of the Estate of Raymond A. Naumer, Plaintiff and Appellant, v. Jim KNUTSON and Dutch Knutson, Defendants and Respondents.

Supreme Court of Montana.

Decided September 28, 2004.

Attorney(s) appearing for the Case

For Appellant: Howard F. Strause and Michael G. Barer, Attorneys at Law, Great Falls, Montana.

For Respondents: Dennis Clarke and Robert Vermillion, Smith, Walsh, Clarke & Gregoire, Great Falls, Montana.

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

¶ 1 Darlene Payne appeals from denials of her motions for a new trial and to amend the judgment. We affirm.

¶ 2 We restate the issues on appeal as:

¶ 3 Whether the District Court erred in instructing the jury that it need not apportion percentages of negligence to the Knutsons.

¶ 4 Whether the District Court improperly admitted evidence that painted the Knutsons...

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