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FABICH v. PPL MONTANA, LLC

No. DA 06-0315.

170 P.3d 943 (2007)

2007 MT 258

339 Mont. 289

Daniel J. FABICH, Plaintiff and Appellant, v. PPL MONTANA, LLC a Delaware Company and John Does 1 through 10, Defendant and Appellees.

Supreme Court of Montana.

Decided October 9, 2007.

Attorney(s) appearing for the Case

For Appellant: Patrick T. Gallagher; Skakles & Gallagher, Anaconda, Montana, Robert G. McCarthy; McCarthy Law Firm, Butte, Montana.

For Appellees: Robert L. Sterup; Holland & Hart, Billings, Montana.

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

¶ 1 Daniel Fabich filed this action seeking damages for injuries he suffered when he fell from scaffolding. The Third Judicial District Court, Anaconda-Deer Lodge County, granted summary judgment for PPL Montana, LLC (PPL). Fabich appeals. We affirm.

¶ 2 We restate the issues as follows:

¶ 3 1. Was summary judgment premature because discovery had not been completed?

...

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