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[Download] "Simonson v. White" by Supreme Court of Montana * Book PDF Kindle ePub Free

Simonson v. White

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eBook details

  • Title: Simonson v. White
  • Author : Supreme Court of Montana
  • Release Date : January 23, 1986
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

Kerry Eldon White was the driver of one of two cars involved in a fatal accident on September 7, 1980. White was sued by his passengers, Randy Simonson and Dave Rasmussen, as was the driver of the other automobile, Ike v. Phillips. White also filed a cross-claim against Phillips. The various lawsuits were consolidated, but on plaintiff-passengers request, trial on the liability issues was bifurcated from that on damages. Following trial by jury, Whites negligence was found to be the proximate cause of 40% of his passengers injuries. Phillips negligence was responsible for the other 60%. The conduct of both White and Phillips was also found to be willful or wanton. Pursuant to instructions given the jury, Whites cross-claim against Phillips was denied because White was found to be guilty of willful or wanton conduct. White appeals the judgment entered by the Eighteenth Judicial District Court on his cross-claim against Phillips. We vacate the judgment and remand for a new trial.


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