Gudmundsen v. State ex rel. Montana State Hospital Warm Springs
Montana Supreme Court
1Opinion of the CourtJustice Nelson
¶1 Derek Yarnall killed his brother, James Yarnall, six days after Derek was released from the Montana State Hospital (MSH). Fran Gudmundsen, the mother of both Derek and James, brought this action in the District Court for the First Judicial District, Lewis and Clark County, to recover damages for the wrongful death of James. The District Court granted the State’s motion for summary judgment and Fran appeals. We affirm.
¶2 Fran raised the following issue on appeal: Whether the District Court erred in granting summary judgment to the State in the following respects:(a) that § 27-1-1103, MCA,…
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