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SIKORSKI v. JOHNSON

No. 04-735.

143 P.3d 161 (2006)

2006 MT 228

333 Mont. 434

Jessica SIKORSKI, Individually, and Chris Christensen, as Personal Representative of the Estate of James Neumayer, Deceased, and as Personal Representative of the Estate of Kaitlyn Neumayer, Deceased, and Christopher and Lori Knutsen, Individually and as Personal Representatives of the Estate of Amber Knutsen, Deceased, C.J. Knutsen, Individually, and Kimberly Knutsen, Individually, Plaintiffs and Appellants, v. William Andrew JOHNSON, State of Montana, Department of Justice, Montana Highway Patrol, and Department of Motor Vehicles, Drivers' Services Bureau, Western Montana Clinic, P.C., and Other Unknown Departments, Agencies and Persons Identified as John Does I Through V, Defendants and Respondents.

Supreme Court of Montana.

Decided September 12, 2006.

Attorney(s) appearing for the Case

Lon J. Dale; Milodragovich, Dale, Steinbrenner & Binney, P.C., Missoula, (for Appellants Jessica Sikorski and Chris Christensen).

Douglas D. Harris; Douglas Harris Law Offices, Missoula, (for Appellants Christopher and Lori Knutsen).

Randy J. Cox, Natasha Prinzing Jones, Thomas J. Leonard; Boone Karlberg, Missoula, (for Respondent State of Montana).

Anita Harper Poe; Garlington, Lohn & Robinson, PLLP, Missoula, (for Respondent Western Montana Clinic).

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 Plaintiffs (collectively, Sikorskis) filed this wrongful death, survival and personal injury action after three people were killed in an automobile collision involving a vehicle driven by defendant William Andrew Johnson. The Fourth Judicial District Court, Missoula County, dismissed Sikorskis' claims against defendant Western Montana Clinic, P.C., (Clinic) and granted the motion for judgment...

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