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GUDMUNDSEN v. STATE EX REL. MT. STATE HOSP.

No. DA 06-0576.

203 P.3d 813 (2009)

2009 MT 56

349 Mont. 297

Fran Yarnall GUDMUNDSEN, on her behalf and as representative of the Estate of James Yarnall and as guardian and conservator for Derek Yarnall, Plaintiff and Appellant, v. STATE of Montana, ex. rel. MONTANA STATE HOSPITAL WARM SPRINGS, and Does 1-5, Defendant and Appellee.

Supreme Court of Montana.

Decided February 24, 2009.

Attorney(s) appearing for the Case

For Appellant: Richard J. Pyfer, Doubek & Pyfer, LLP, Helena, Montana.

For Appellee: Elizabeth S. Baker, Hughes, Kellner, Sullivan & Alke, PLLP, Helena, Montana.

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

¶ 1 Derek Yarnall killed his brother, James Yarnall, six days after Derek was released from the Montana State Hospital (MSH). Fran Gudmundsen, the mother of both Derek and James, brought this action in the District Court for the First Judicial District, Lewis and Clark County, to recover damages for the wrongful death of James. The District Court granted the...

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