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CHRISKE v. STATE EX REL. DEPT. OF CORRECTIONS

No. DA 08-0439.

235 P.3d 588 (2010)

2010 MT 149

Julie CHRISKE, Plaintiff and Appellant, v. STATE of Montana, ex rel., DEPARTMENT OF CORRECTIONS AND INSTITUTIONS, Defendant and Appellee.

Supreme Court of Montana.

Decided July 13, 2010.

Attorney(s) appearing for the Case

For Appellant: John C. Doubek, Doubek & Pyfer, Helena, Montana.

For Appellee: Curt Drake and Michael A. Kauffman, Drake Law Firm, Helena, Montana.

Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 The Fifth Judicial District Court, Jefferson County, granted the Montana Department of Corrections and Institutions' (the State) motion for summary judgment, concluding that the statute of limitations had expired. Julie Chriske (Chriske) appeals.

¶ 2 The sole issue is whether the District Court erred when it concluded that Chriske knew or should have known that smoking caused her lung...

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