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STATE v. BUTTE-SILVER BOW COUNTY

No. DA 08-0564.

220 P.3d 1115 (2009)

2009 MT 414

353 Mont. 497

STATE of Montana, Appellant and Cross-Appellee, v. BUTTE-SILVER BOW COUNTY, Appellee and Cross-Appellant.

Supreme Court of Montana.

Decided December 1, 2009.

Attorney(s) appearing for the Case

For Appellant: Michael R. King, Risk Management & Tort Defense, Helena, Montana, Gary L. Walton, Attorney at Law, Butte, Montana.

For Appellee: Jack Jenks and Carey B. Schmidt, Phillips Law Firm, Missoula, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 The State of Montana (State) appeals from an order of the Second Judicial District Court, Butte-Silver Bow County, allocating damages for negligence in the trip and fall related death of Mina Comer (Comer). Butte-Silver Bow County (County) cross-appeals. We affirm.

¶ 2 We review the following issues on appeal:

¶ 3 Did the District Court properly deny the State's summary...

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