Not Afraid v. MumfordAnnotate this Case
Plaintiff was severely injured during a single vehicle accident that occurred on a City of Billings road. Plaintiff filed two complaints - one against the City Public Works Director and one against the State, Yellowstone County, and the City. Both complaints alleged negligence in the placement, installation, and maintenance of concrete barriers along the sharp curve where the accident took place. The district court granted Defendants’ motions for summary judgment. The Supreme Court affirmed, holding that the district court correctly granted summary judgment to Defendants on the ground that Plaintiff failed to raise an issue of material fact regarding Defendants’ breach of their alleged duties of care.