PICKETT v. CORTESE

No. DA 13-0609.

328 P.3d 660 (2014)

2014 MT 166

Donna PICKETT, Plaintiff and Appellee, v. Florian M. CORTESE, Defendant and Appellant.

Supreme Court of Montana.

Decided June 27, 2014.


Attorney(s) appearing for the Case

For Appellant: Travis Dye , Gary Kalkstein ; Kalkstein, Johnson & Dye, PC; Missoula, Montana.

For Appellee: Dennis P. Conner ; Keith D. Marr ; Conner & Marr, PLLP; Great Falls, Montana.


Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 Florian Cortese, M.D., appeals the September 9, 2013 order of the Second Judicial District Court, Silver Bow County, denying Cortese's motion to dismiss plaintiff Donna Pickett's complaint for lack of subject matter jurisdiction, denying Cortese's motion to preclude Pickett from presenting unpleaded claims at trial, and denying Cortese's motion for summary judgment.

¶ 2 We address the following...

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