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JOBE v. CITY OF POLSON

No. 02-697.

94 P.3d 743 (2004)

2004 MT 183

Roger JOBE, Petitioner and Appellant, v. CITY OF POLSON, a political subdivision of the State of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided July 13, 2004.

Attorney(s) appearing for the Case

For Appellant: Gary D. Rice, Wold Law Firm, P.C., Polson, Montana.

For Respondent: Jack Jenks, Amy O. Duerk, Phillips & Bohyer, P.C., Missoula, Montana.

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

¶ 1 Roger Jobe (Jobe) was injured on June 20, 2001, when he fell through a damaged plank on the city dock in Polson. In December 2001, he filed suit against the City of Polson (the City) for negligently maintaining the premises and for failing to warn him of this unsafe condition. Both parties subsequently filed Motions for Summary Judgment. On October 23, 2002, the District Court granted the City...

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