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SHATTUCK v. KALISPELL REGIONAL MEDICAL CTR.

No. DA 10-0486.

261 P.3d 1021 (2011)

2011 MT 229

Gail A. SHATTUCK, Individually and as Personal Representative for the Estate of Dane M. Shattuck, and on Behalf of Others Similarly Situated, Plaintiffs, Appellees and Cross-Appellants, v. KALISPELL REGIONAL MEDICAL CENTER, INC., a Montana Corporation and Blue Cross and Blue Shield of Montana, Inc., a Montana Corporation, State of Montana, Department Of Public Health and Human Services, and Does 1 to 99, Defendants and Appellants.

Supreme Court of Montana.

Decided September 14, 2011.

Attorney(s) appearing for the Case

For Appellants: Geralyn J. Driscoll (argued), Special Assistant Attorney General; Office of Legal Affairs; Helena, Montana, Robert C. Lukes ; Garlington, Lohn & Robinson, PLLP; Missoula, Montana (Attorneys for State of Montana, Department of Public Health and Human Services), Jacqueline T. Lenmark (argued); Keller, Reynolds, Drake, Johnson & Gillespie, P.C.; Helena, Montana (Attorney for Blue Cross and Blue Shield of Montana, Inc.), Sean M. Morris ; Worden Thane, P.C.; Missoula, Montana (Attorney for Kalispell Regional Medical Center, Inc.).

For Appellees and Cross-Appellants: Alan Jay Lerner (argued), Linda C. Semrow ; Lerner Law Firm; Kalispell, Montana, Michael A. Viscomi , Judah M. Gersh ; Viscomi & Gersh; Whitefish, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Defendants Kalispell Regional Medical Center (KRMC), Blue Cross and Blue Shield of Montana (BCBSMT), and State of Montana, Department of Public Health and Human Services (DPHHS) appeal from the Order of the First Judicial District Court, Lewis and Clark County, granting summary judgment, in part, to Plaintiff Gail A. Shattuck, who brought this action individually and as Personal Representative of the Estate...

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