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DAY v. MONTANA POWER CO.

No. 89-285.

789 P.2d 1224 (1990)

Ted J. DAY and Doris D. DAY, Plaintiffs, Appellants and Respondents, v. MONTANA POWER COMPANY, Defendant, Appellant and Respondent.

Supreme Court of Montana.

Decided March 20, 1990.

Rehearing Denied April 12, 1990.

Attorney(s) appearing for the Case

Arthur W. Ayers, Jr. argued and Michael G. Alterowitz argued; Ayers & Alterowitz, Red Lodge, for plaintiffs, appellants and respondents.

Patrick T. Fleming argued and Robert T. O'Leary argued, Butte, for defendant, appellant and respondent.

BARZ, Justice.

A jury in the District Court for the Second Judicial District, Silver Bow County, awarded Ted and Doris Day damages resulting from a fire caused by the negligence of Montana Power Company's (MPC) employee. The jury awarded $350,000 to both Days for property destruction, $25,000 to Doris Day for personal injury and $450,000 to Ted Day for emotional distress. From this verdict, MPC appeals the $450,000 emotional distress award and Days cross appeal. We...

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