Archive | Standard of care

RSS feed for this section

Not Afraid v. State

Not Afraid v. State, 2015 MT 330 (Dec. 1, 2015) (Baker, J.) (5-0, aff’d)

Issue: Whether the district court erred in granting summary judgment to the governmental defendants on the ground that Not Afraid failed to produce evidence that they violated a standard of care.

Short Answer: No.


Facts: Cyril Not Afraid was paralyzed in August 2009 when the car he was riding in crashed and everyone was ejected. The driver was convicted of felony vehicular homicide. The car had been driving on Zimmerman Trail, a steep, winding narrow road with concrete barriers along the sharp curve where the accident occurred. The car struck the barriers, causing it to go over the barriers and down a steep hillside.

Two accident reconstruction experts hired by Not Afraid determined that the car was traveling 45 mph when it first struck the concrete barriers.…