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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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¶ 27 In this case, Defendants, as landlords, were members of the class on whom a duty was imposed; carbon monoxide poisoning from the faulty heating system was the type of injury that the statute was designed to prevent; and Plaintiff Erpenbach, a tenant, was a member of the class the Act was designed to protect. See Calder, 275 Mont. at 279, 911 P.2d at 1160. The Defendants, however, contend that Plaintiff Kunst has no standing to enforce remedies under the Residential Landlord and Tenant Act because she was only an overnight guest of Plaintiff Erpenbach and was not a tenant. The Defendants cite no authority and provide no analysis to support this position.