Archive | Public duty doctrine

RSS feed for this section

Kent v. City of Columbia Falls

Kent v. City of Columbia Falls, 2015 MT 139 (May 19, 2015) (Cotter, J.; Cotter, J., concurring; Baker, J., dissenting) (4-3, rev’d)

Issue: Whether the district court properly applied the public duty doctrine in granting summary judgment to the city.

Short Answer: No.

Reversed and remanded

Facts: Casey Kent, 35, died June 14, 2008, from a head injury he suffered from a fall while skateboarding in a planned unit development (PUD) in Columbia Falls, Cedar Pointe Estates. His wife Sara sued the city of Columbia Falls and various other entities that designed, developed and constructed Cedar Pointe Estates. Sara alleged the path where Casey was skating was built at a 24% grade, and the steepness of this grade caused Casey’s fall and fatal head injury.…