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BAYLOR v. JACOBSON

No. 13212.

552 P.2d 55 (1976)

Robin BAYLOR and Sarah J. Baylor, husband and wife, Plaintiffs and Appellants, v. Dr. David P. JACOBSON, Defendant and Respondent.

Supreme Court of Montana.

Decided July 12, 1976.

Rehearing Denied August 4, 1976.

Attorney(s) appearing for the Case

Moore & Lumpus, James D. Moore (argued), Kalispell, for appellants.

Garlington, Lohn & Robinson, Larry E. Riley (argued), Missoula, for respondent.

HASWELL, Justice.

The district court of Missoula County granted summary judgment to defendant doctor in a medical malpractice action. Plaintiffs appeal.

Plaintiffs are Robin Baylor and Sarah J. Baylor, husband and wife, of Missoula, Montana. On December 13, 1970 Sarah Baylor slipped on the driveway at her home while getting out of her car and fractured her leg. She was taken by ambulance to St. Patrick's Hospital where her injuries were diagnosed as a spiral...

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