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HETH v. MONTANA STATE FUND

No. DA 08-0285.

208 P.3d 394 (2009)

2009 MT 149

350 Mont. 376

Martin HETH, Jr., Petitioner and Appellee, v. MONTANA STATE FUND, Respondent and Appellant.

Supreme Court of Montana.

Decided May 5, 2009.

Attorney(s) appearing for the Case

For Appellant: Kelly M. Wills, Elizabeth D. Lowrance, Garlington, Lohn & Robinson, PLLP, Missoula, Montana.

For Appellee: Patrick R. Sheehy, Halverson, Sheehy & Plath, P.C., Billings, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Martin Heth, Jr., known by the initials "JR," worked for his father, Martin Robert "Bob" Heth (Heth). In September 2005, JR was seriously injured in a one-vehicle automobile accident. His stepmother, who also worked for the family company, was killed in the accident. At the time of the accident, JR was driving the septic tank pumping truck owned by his father's plumbing company and was leaving...

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