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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 (71)

Full Text

1,035 chars
¶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.