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PATTERSON ENTERPRISES, INC. v. JOHNSON

No. DA 11-0049.

272 P.3d 93 (2012)

2012 MT 43

PATTERSON ENTERPRISES, INC., Plaintiff and Appellant, v. Archie JOHNSON, d/b/a Archie Johnson Contracting, Defendant and Appellee.

Supreme Court of Montana.

Submitted December 13, 2011.

Decided February 24, 2012.

Attorney(s) appearing for the Case

For Appellant: Christian T. Nygren (argued), P. Brad Condra (argued), Milodragovich, Dale, Steinbrenner & Nygren, P.C., Missoula, Montana.

For Appellee: Nicholas J. Pagnotta (argued), Williams Law Firm, P.C., Missoula, Montana, Bruce M. Feichtinger , Whittington Von Sternberg, Houston, Texas.

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

¶ 1 Patterson Enterprises, Inc. (Patterson) appeals the judgment of the District Court for the Fourth Judicial District, Missoula County, denying Patterson's motion for summary judgment on its strict liability claim. We affirm.

¶ 2 Patterson raises two issues on appeal:

¶ 3 1. Whether the District Court erred when it permitted the defense of assumption of the risk to go to the...

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