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EVES v. ANACONDA-DEER LODGE COUNTY

No. 04-764.

114 P.3d 1037 (2005)

2005 MT 157

327 Mont. 437

Helen EVES, individually and as personal representative of the Estate of Zachary Eves Bear Don't Walk, Deceased, and for the heirs of said Estate, Plaintiff and Appellant, v. ANACONDA-DEER LODGE COUNTY, and John Does 1 through 10, Defendants and Respondents.

Supreme Court of Montana.

Decided June 21, 2005.

Attorney(s) appearing for the Case

For Appellant: Edward Moriarity and Shandor Badaruddin, Moriarity, Gooch, Badaruddin & Booke, Missoula, Montana Ann Moderie & James Manley, Manley Law Firm, Polson, Montana.

For Respondents: Thomas M. Welsch, Poore, Roth & Robinson, Butte, Montana.

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

¶ 1 Helen Eves, on behalf of her deceased son Zachary Eves Bear Don't Walk (Zachary), appeals from the grant of summary judgment to Anaconda-Deer Lodge County (County). We affirm.

¶ 2 We address the following issue on appeal:

¶ 3 Whether a special relationship existed between the County and Zachary such that the County had a duty...

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