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FAULCONBRIDGE v. STATE

No. 04-592.

142 P.3d 777 (2006)

2006 MT 198

333 Mont. 186

Alan Ray FAULCONBRIDGE, Individually and as Personal Representative of the Estate of Elisha Kay Faulconbridge and Bernice Kay Faulconbridge, Plaintiffs and Appellants, v. STATE of Montana, Defendant and Respondent and Cross-Appellant.

Supreme Court of Montana.

Decided August 22, 2006.

Attorney(s) appearing for the Case

For Appellants: Monte D. Beck, Beck Richardson & Amsden, PLLC, Bozeman, Montana; Morgan M. Modine, Modine Law Firm, Missoula, Montana; Teresa M. Thompson, Missoula, Montana.

For Respondent: Mike McGrath, Montana Attorney General, Kelly M. O'Sullivan, Assistant Attorney General, Helena, Montana; Shelton C. Williams, Williams & Ranney, P.C., Missoula, Montana.

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

¶ 1 Elisha Kay Faulconbridge (Elisha) died on August 8, 1992, as a result of injuries she received as a passenger in a motorcycle accident that occurred on Juniper Drive in Missoula County, Montana. Elisha's parents, Alan Ray Faulconbridge and Bernice Kay Faulconbridge (the Faulconbridges), individually and on behalf of Elisha's estate, filed a wrongful death and survivorship action against the State...

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