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DRUGGE v. STATE

No. 92-057.

837 P.2d 405 (1992)

Rhonda DRUGGE, Individually, and as Personal Representative of the Estate of Ted E. Drugge, Plaintiff and Appellant, v. The STATE of Montana, and the City of Havre, Defendants and Respondents.

Supreme Court of Montana.

Decided September 1, 1992.

Attorney(s) appearing for the Case

James M. Regnier, Missoula, for plaintiff and appellant.

Ann Brodsky, Special Assistant Attorney General, Risk Management & Tort Defense Division, Dept. of Administration, Helena; I. James Heckathorn, Murphy, Robinson, Heckathorn & Phillips, Kalispell for the State.

Allen Page Lanning, Conklin, Nybo, LeVeque & Murphy, Great Falls, for City of Havre.

HARRISON Justice.

This is an appeal from the First Judicial District Court, Lewis and Clark County. Appellant Rhonda Drugge (Drugge) filed a complaint against the State of Montana (the State) in her individual capacity and as personal representative of the estate of her deceased husband, Ted E. Drugge, who died June 24, 1986, in a boating accident on the Milk River near Havre, Montana.

Ted Drugge and his brother Don drowned when their craft went over a weir...

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