GOETTEL v. ESTATE OF BALLARD

No. DA 09-0649.

234 P.3d 99 (2010)

2010 MT 140

David GOETTEL, Plaintiff and Appellant, v. The ESTATE OF Ambrose D. BALLARD, Adele Krantz, as Personal Representative, and John Does 1-10, Defendants and Appellees.

Supreme Court of Montana.

Decided June 23, 2010.


Attorney(s) appearing for the Case

For Appellant: Gary M. Zadick, Ugrin, Alexander, Zadick & Higgins, P.C., Great Falls, Montana.

For Appellees: Robert J. Phillips, Amy O. Duerk, Phillips Law Firm, P.C., Missoula, Montana.


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

¶ 1 David Goettel appeals an order of the District Court for the Eleventh Judicial District, Flathead County, granting a motion for summary judgment filed by the Estate of Ambrose Ballard (the Estate). We reverse and remand for further proceedings consistent with this Opinion.

¶ 2 Goettel raises the following issue on appeal: Whether the District Court erred in granting the Estate's motion...

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