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IN THE SUPREME COURT OF THE STATE OF MONTANA
No. 97-014
______________________________

JARED PRESTON,  )
)  
Plaintiff and Petitioner,  )  O P I N I O N
)  
)  And
v.  )
)  O R D E R  
THE MONTANA EIGHTEENTH JUDICIAL  )  
DISTRICT COURT, GALLATIN COUNTY,  )  
and THE HONORABLE THOMAS A. OLSON,  )  
PRESIDING JUDGE,  )
)
Respondents.  )
______________________________

Petitioner Jared Preston, petitions this Court pursuant to Rule 17, M.R.App.
P.,
to issue a writ of supervisory control and vacate the order of the Eighteenth
Judicial
District Court, Gallatin County, limiting the scope of discovery. We vacate the
District
Court's order to the extent that it limits the scope of Preston's discovery.

We consider the following issue and subissues in this Opinion and Order:

1. Is a writ of supervisory control appropriate in this case?

a.
Did the District Court err in denying discovery of evidence of
substantially similar injuries caused by the same design defect in other product
models
manufactured by the Defendant?


b.
Did the District Court err in limiting discovery to the time period
beginning with the manufacture of the N12 model roofing nailer and ending with the
Plaintiff's injury?



Factual and Procedural History

This request for a writ arises out of a products liability action in which
Jared
Preston alleges defective design of the N12 model pneumatic roofing nailer
manufactured
by Respondent Stanley-Bostich. Jared was working as a roofer with his brother and
co

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Montana Law