City of Whitefish v. Jentile
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Ralph Jentile appealed a district court decision that ordered him to pay for the repairs to two Whitefish Police Department patrol cars that collided with each other while pursuing Jentile. Jentile raised two issues on appeal: (1) whether the amount of restitution Jentile was ordered to pay should be reduced because of the alleged comparative negligence of the officer involved in the accident; and (2) whether Jentile's trial counsel was ineffective for failing to specifically argue that the amount of restitution should have been reduced because of the comparative negligence of the officer involved in the accident. Upon review, the Supreme Court reversed and remanded the case for further proceedings, agreeing that the district court should have taken the officer's negligence into consideration when arriving at the restitution amount.
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