ROTHING v. KALLESTAD

No. 05-186.

159 P.3d 222 (2007)

2007 MT 109

337 Mont. 193

Peter and Tanya ROTHING, d/b/a Diamond R. Enterprises, Inc., Plaintiffs and Appellants, v. Arnold KALLESTAD, Defendant and Respondent.

Supreme Court of Montana.

Submitted February 14, 2006.

Decided May 8, 2007.

Rehearing Denied June 6, 2007.


Attorney(s) appearing for the Case

For Appellant: Calvin J. Stacey (argued), Stacey & Funyak, Billings, Montana.

For Respondent: James R. Halverson (argued), Herndon, Sweeney & Halverson, Billings, Montana.


Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Peter and Tanya Rothing (the Rothings) brought this action to recover damages resulting from the death of nineteen horses owned by the Rothings that they alleged were fed botulism contaminated hay purchased from Arnold Kallestad (Kallestad). The Rothings sought recovery under theories of strict liability in tort, negligence and breach of contract. The District Court for the Eighteenth Judicial District...

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