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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kunst v. Pass, 1998 MT 71 (1998)

Citation
Kunst v. Pass, 1998 MT 71 (1998)
Parent Document
Kunst v. Pass, 1998 MT 71 (1998)
Jurisdiction
Montana (state)
Effective Date
1998-03-31

Other Sections in This Document (63)

Full Text

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¶ 5 Erpenbach, a tenant, and Kunst, her overnight guest, suffered carbon monoxide poisoning due to a furnace leak while staying at an apartment rented from Defendants Charles Pass and Shirley Pass. Plaintiffs filed a four-count complaint against Defendants. The caption of the first count alleged general negligence, and paragraph seven of that count stated that Plaintiffs were bringing that claim pursuant to § 27-1-701, MCA, and the Residential Landlord and Tenant Act, § 70-24-303(1)(d), MCA (the "Act"). The second count alleged breach of warranty of habitability and the third count alleged strict liability. Both of those counts also referenced the Residential Landlord and Tenant Act, § 70-24-303, et seq., MCA. Finally, the fourth count alleged res ipsa loquitur. While that count did not reference the Act, it incorporated by reference every allegation contained within the first three counts. Among the various damages requested, Plaintiffs requested costs of the suit and any other relief the court deemed just and proper.