HULSTINE v. LENNOX INDUSTRIES, INC.

No. DA 09-0575.

237 P.3d 1277 (2010)

2010 MT 180

James HULSTINE, Carl Cansler, Dusty Clarke, Justin Erickson, Chad Gabel, Landis Harding, Eric Hudson, Thomas Huenergardt, Andrew Jewell, Paul Lande, Christopher Nesbitt, Jeff Pacheco, Christopher Schanno, Zachary Smith, Edward Stump, David Umland, Ricardo Valenzuela, Adam Wilkinson, Leonard Hilliard & Dameion Scott Todd, Plaintiffs and Appellants, v. LENNOX INDUSTRIES, INC., Defendant and Appellee.

Supreme Court of Montana.

Decided August 17, 2010.


Attorney(s) appearing for the Case

For Appellants: Leah K. Corrigan and James K. Lubing, Law Office of James K. Lubing, Jackson, Wyoming, P. Richard Meyer and Pamela T. Harvey, Meyer & Williams, Jackson, Wyoming.

For Appellee: Robert M. Carlson, Corette, Pohlman & Kebe, Butte, Montana, Brian G. Cahill and Beth Hanan, Gass, Weber & Mullins, Milwaukee, Wisconsin.


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

¶ 1 James Robert Hulstine, et al., (collectively, "Appellants") sued Lennox, Inc. ("Lennox") and Anderson's Heating and Air Conditioning, Inc. ("Anderson's") for personal injuries resulting from carbon monoxide poisoning under theories of negligence and strict liability. Appellants settled with Anderson's prior to trial. Appellants proceeded to trial against Lennox and the jury awarded damages. The...

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