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WHEATON v. BRADFORD

No. DA 12-0322.

300 P.3d 1162 (2013)

2013 MT 121

Billy Kaye WHEATON and Becky Jo Childers, Co-Personal Representatives of the Estate of Margaret Howard, and Billy Wheaton and Becky Childers, individually, Plaintiffs and Appellants, v. Tom BRADFORD and Dane Bradford, Co-Personal Representatives of the Estate of John Bradford, Defendants and Appellees.

Supreme Court of Montana.

Decided May 7, 2013.

Attorney(s) appearing for the Case

For Appellant: Michael G. Eiselein ; Eiselein & Grubbs, PLLP; Billings, Montana, Elizabeth A. Halverson ; Elizabeth A. Halverson, P.C.; Billings, Montana.

For Appellee: Mark D. Parker , Shawn P. Cosgrove ; Parker, Heitz & Cosgrove, PLLC; Billings, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Plaintiffs Billy Kaye Wheaton and Becky Jo Childers, co-personal representatives of the Estate of Margaret Howard (collectively "Howards"), filed a wrongful death and survivorship action against the co-personal representatives and the Estate of John Bradford (collectively "Bradfords"), alleging negligence. A jury found that John Bradford (John) was not liable...

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