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NO. 96-311
IN THE SUPREME COURT OF THE STATE OF MONTANA

LaSCHELL K. DAY,

Plaintiff and Respondent,

v.

ROBERT R. PAYNE,

Defendant and Appellant.

APPEAL FROM: District Court of the Nineteenth Judicial District,

In and for the County of Lincoln,

The Honorable Michael C. Prezeau, Judge presiding.

COUNSEL OF RECORD:

For Appellant:

William A. Douglas, Douglas Law Firm,
Libby, Montana

Tom K. Hopgood; Luxan & Murfitt; Helena, Montana
For Respondent:

Mark L. Sterrnip and Heidi Fanslow; Warden, Christjansen, Johnson & Berg; Kalispell, MonCana
.,  Submitted on Briefs:  October 31. 1996  
Filed:  Decided:  December 17, 1996  

Justice Terry N. Trieweiler delivered the opinion of the Court.

On May 20, 1994, LaSchell Day filed a complaint in the District Court for the Nineteenth Judicial District in Lincoln County against her adoptive father, Robert R. Payne, in which she alleged that she had been sexually abused by Payne and in which she sought special, general, and punitive damages from Payne for that abuse. Following a four-day jury trial in January 1996, the jury returned a verdict in favor of Day and awarded her $80,000 in compensatory damages. The jury further indicated by special verdict that Day was entitled to an award of punitive damages, and following a separate proceeding pursuant to

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Montana Law