McDUNN v. ARNOLD

No. DA 12-0438.

303 P.3d 1279 (2013)

2013 MT 138

370 Mont. 270

Dave McDUNN and Cathy McDunn, Plaintiffs and Appellees, v. Diana ARNOLD, Defendant and Appellant.

Supreme Court of Montana.

Decided May 28, 2013.


Attorney(s) appearing for the Case

For Appellant: Herman A. Watson, III , Attorney at Law, Bozeman, Montana.

For Appellee: Rhett B. Nemelka , Nemelka & Restum, P.C., Bozeman, Montana.


Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Dave and Cathy McDunn (the McDunns) sued Diana Arnold (Arnold) in Gallatin County Justice Court, alleging negligence, negligence per se, and breach of contract. The Justice Court found for the McDunns, and Arnold appealed to the Eighteenth Judicial District Court, Gallatin County. Following a bench trial, the District Court found for the McDunns on their...

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