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OLSON v. SHUMAKER TRUCK. AND EXCAV. CONTR., INC.

No. DA 07-0226.

196 P.3d 1265 (2008)

2008 MT 378

347 Mont. 1

Cody J. OLSON, Plaintiff, Appellee and Cross-Appellant, v. SHUMAKER TRUCKING AND EXCAVATING CONTRACTORS, INC., Defendant and Appellant.

Supreme Court of Montana.

Decided November 18, 2008.

November 18, 2008.

Attorney(s) appearing for the Case

For Appellant: Stephanie A. Hollar and William J. Gregoire, Smith, Walsh, Clarke & Gregoire, Great Falls, Montana.

For Appellee: Kurt M. Jackson and Alexander (Zander) Blewett, III, Hoyt & Blewett, Great Falls, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Shumaker Trucking and Excavating Contractors, Inc. (Shumaker) appeals from various rulings of the Eighth Judicial District, Cascade County, during the course of a jury trial where the jury found in favor of Cody J. Olson (Olson). Olson cross-appeals the District Court's denial of his motion for summary judgment on the issue of contributory negligence. We affirm...

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