specially concurring.
I specially concur in the Court’s opinion. My disagreements and concerns over the Court’s approach were set forth fully and recently in my dissent in Bache v. Owens (Mont. 1994), 883 P.2d 817, 51 St.Rep. 1001. They need not be repeated here; suffice it to say that those disagreements and concerns have not decreased.
Having failed to persuade a majority of the Corut of my views in Bache, however, that decision is now the applicable law. For that reason, and that reason alone, I specially concur in the Court’s opinion in this case.