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MASSEE v. THOMPSON

No. 03-567.

90 P.3d 394 (2004)

2004 MT 121

321 Mont. 210

James Edward MASSEE, Michael William Massee, and Raymond Massee as Guardian and Conservator of Marcus James Massee, Plaintiffs and Appellants, v. Richard THOMPSON and Broadwater County, Defendants and Respondents.

Supreme Court of Montana.

Decided May 5, 2004.

Attorney(s) appearing for the Case

For Appellants: James G. Hunt, Hunt & Molloy Law Firm, Helena, Montana.

For Respondents: Elizabeth S. Baker, Stuart L. Kellner, Hughes, Kellner, Sullivan & Alke, Helena, Montana.

For Amicus: Monte Jewell, Smith Jewell, PLLP, Missoula, Montana (for Silent Witnesses, et al.), Mikel L. Moore, Christensen Moore Cockrell Cummings & Axelberg, Kalispell, Montana (for Montana Sheriffs and Peace Officers Association).

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

¶ 1 James, Michael and Marcus Massee (the Massees or the sons) are the surviving sons of Vickie Doggett, who was fatally shot by her husband, Ray Doggett, in May 1997. The Massees brought a wrongful death action against Sheriff Richard Thompson of Broadwater County (the Sheriff or Thompson) and Broadwater County, as principal. A jury returned a verdict in favor of the Massees in February 2003, awarding...

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