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HOWARD v. ST. JAMES COMMUNITY HOSP.

No. 04-411.

129 P.3d 126 (2006)

2006 MT 23

331 Mont. 60

Allen Olen HOWARD, Plaintiff and Appellant, v. ST. JAMES COMMUNITY HOSPITAL; Sisters of Charity of Leavenworth; Richard C. Thorne, M.D.; Prudence D. Whitworth, R.N.; Carmine McGivern, R.N.; Elena Icenoggle, R.N.; and Nancy Stone, R.N., Defendants, Respondents and Cross-Appellants.

Supreme Court of Montana.

Decided January 31, 2006.

Attorney(s) appearing for the Case

For Appellant: Kevin E. Vainio, Attorney at Law, Butte, Montana.

For Respondents: Lee Bruner, Poore, Roth & Robinson, Butte, Montana (Hospital), J. Daniel Hoven and Sara B. Stanton, Browning, Kaleczyc, Berry & Hoven, Helena, Montana (Thorne).

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

¶ 1 Plaintiff and Appellant, Allen Olen Howard, filed a medical negligence lawsuit in the Second Judicial District Court against Defendants, St. James Community Hospital, Sisters of Charity of Leavenworth, Richard C. Thorne, M.D., Prudence D. Whitworth, R.N., Carmine McGivern, R.N., Elena Icenoggle, R.N. and Nancy Stone, R.N. All parties moved for summary judgment, and their motions were denied....

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