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BARTELL v. ZABAWA

No. DA 07-0698.

214 P.3d 735 (2009)

2009 MT 204

351 Mont. 211

Ann V. BARTELL, Personal Representative of the Estate of Forbes Bartell, Plaintiff and Appellant, v. Katie ZABAWA, Defendant and Appellee.

Supreme Court of Montana.

Decided June 10, 2009.

Attorney(s) appearing for the Case

For Appellant: R.J. "Jim" Sewell, Jr. and Bruce M. Spencer, Smith Law Firm, Helena, MT.

For Appellee: J. Michael Young, Bronson, Luinstra, Rothwell & Young, Great Falls, MT.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Forbes Bartell (Bartell) and Katie Zabawa (Zabawa) were involved in a car accident in October of 2001. Bartell sued Zabawa in 2004. The District Court entered a default judgment on May 31, 2006, in favor of Bartell in the amount of $101,300. The District Court later set aside the default judgment against Zabawa. Bartell appeals and we affirm.

¶ 2 Bartell's appeal presents the following...

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