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KIGER v. STATE

No. 90-115.

802 P.2d 1248 (1990)

Katrina B. KIGER and Donald D. Kiger, Plaintiffs and Appellants, v. The STATE of Montana, the State of Montana Department of Institutions, the State of Montana Parole Board, Defendants and Respondents.

Supreme Court of Montana.

Decided December 11, 1990.

Attorney(s) appearing for the Case

Susan J. Rebeck, Richard Dzivi, Great Falls, for plaintiffs and appellants.

Dana L. Christensen; Murphy, Robinson, Heckathorn & Phillips, Kalispell, for defendants and respondents.

WEBER, Justice.

The plaintiffs, Katrina and Donald Kiger, brought this action in the Eleventh Judicial District, Flathead County, to seek damages for the October 28, 1985 shooting of Katrina Kiger by Danny Arledge who had been paroled from the Montana State Prison on October 10, 1985. The court granted summary judgment in favor of all three State defendants. Plaintiffs appeal. We affirm.

We restate the issues as follows:

1. Was it foreseeable that...

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