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ANDERSON v. HARPER

No. DA 13-0250.

314 P.3d 908 (2013)

2013 MT 369

Steve ANDERSON and Pamela Murphy as Personal Representatives of the Estate of Darleen Anderson, Plaintiffs and Appellants, v. William J. HARPER, M.D., Defendant and Appellee.

Supreme Court of Montana.

Decided December 10, 2013.

Attorney(s) appearing for the Case

For Appellants: Neel Hammond , M.D., J.D., Hammond Law, PLLC; Missoula, Montana; Spencer T. MacDonald , MacDonald Law Office, PLLC; Missoula, Montana.

For Appellee: J. Daniel Hoven , Oliver H. Goe , Evan M.T. Thompson , Browning, Kaleczyc, Berry & Hoven, P.C.; Helena, Montana.

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

¶ 1 Issue One: Did the District Court err by refusing to give the Andersons' proposed jury instruction?

¶ 2 Issue Two: Did the District Court err by giving the Defendant's proposed instruction over the Andersons' objection?

FACTUAL AND PROCEDURAL BACKGROUND

¶ 3 Dr. William Harper (Dr. Harper) is a board certified surgeon. On December 21, 2001...

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