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SILVA v. CITY OF COLUMBIA FALLS

No. 92-351.

852 P.2d 671 (1993)

Joe SILVA, Plaintiff and Appellant, v. CITY OF COLUMBIA FALLS, Defendant and Respondent.

Supreme Court of Montana.

Decided May 18, 1993.

Attorney(s) appearing for the Case

John H. Bothe and Lauri Wallace, Bothe & Lauridsen, Columbia Falls, for Plaintiff and appellant.

Katherine R. Curtis, City Atty., Columbia Falls, for defendant and respondent.

GRAY, Justice.

Appellant Joe Silva (Silva) appeals from an order of the Eleventh Judicial District Court, Flathead County, granting summary judgment to the City of Columbia Falls, Montana (the City). We affirm.

On January 15, 1989, Silva, a Columbia Falls police officer, suffered an industrial injury to his left thigh when he was kicked by an individual he was attempting to arrest. Silva was immediately eligible for workers' compensation because the injury...

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