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CUNNINGTON v. GAUB

No. DA 06-0035.

153 P.3d 1 (2007)

2007 MT 12

335 Mont. 296

Raymond M. CUNNINGTON, Plaintiff and Appellant, v. Mike GAUB, d/b/a Zebra Construction, and Alrick Hale, Defendants and Respondents.

Supreme Court of Montana.

Decided January 23, 2007.

Rehearing Denied February 27, 2007.

Attorney(s) appearing for the Case

For Appellant: Stephen C. Pohl, Attorney at Law, Bozeman, Montana.

For Respondents: John E. Bohyer and Fred Simpson, Phillips & Bohyer, P.C., Missoula, Montana, Mike Gaub, pro se, Missoula, Montana.

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

¶ 1 Plaintiff Raymond M. Cunnington was injured when he fell from makeshift scaffolding while putting up siding on a house under construction in Flathead County. Cunnington sued Defendant Mike Gaub, his direct employer, and Defendant and Respondent Alrick Hale, the owner of the house which was under construction. The District Court granted Hale's motion for summary judgment on the basis that Hale...

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