Weston v. Kuntz

This appeal arises from damages to respondent’s Chevrolet van and its contents during a fire January 16, 1978, in appellant’s place of business. Respondent had taken his vehicle to appellant’s auto repair service outside St. Ignatius, Montana, for repair on January 15, 1978.

After the claim was filed, both parties conducted discovery, and respondent filed a motion for summary judgment on April 3, 1979. The District Court heard argument on the motion and on July 2,1979, entered summary judgment for the respondent reserving judgment as to the amount of damages.

Following the summary judgment,…