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SIMMS v. MONTANA 18TH JUDICIAL DIST. COURT

No. 02-477.

68 P.3d 678 (2003)

2003 MT 89

Randall SIMMS and Carol Simms, Petitioners, v. MONTANA EIGHTEENTH JUDICIAL DISTRICT COURT, Gallatin County, Honorable Mike Salvagni, presiding, Respondent.

Supreme Court of Montana.

Decided April 21, 2003.

Attorney(s) appearing for the Case

Geoffrey C. Angel, Angel Law firm, Bozeman, Montana, for Petitioners.

Hon. Mike Salvagni, District Judge, Bozeman, Montana, for Respondent Montana Eighteenth Judicial District Court.

John J. Russell, Lisa A. Speare, Brown Law Firm, Billings, Montana, for Respondent Dr. Charles Fritz.

Julie A. Lichte, Swandal, Douglass & Gilbert, P.C., Livingston, Montana, for Respondent Bozeman Deaconess Health Services.

Justice TERRY N. TRIEWEILER delivered the Opinion of the Court.

¶ 1 The Plaintiffs, Randall and Carol Simms, filed a complaint in the District Court for the Eighteenth Judicial District in Gallatin County, in which they alleged that Randall was damaged by the professional negligence of the Defendants, Dr. Charles Fritz and Bozeman Deaconess Hospital. The Defendants filed a motion, pursuant to Rule 35, M.R.Civ.P., to compel...

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