Marriage of Bryant

1 Citing case

  1. Gonzales v. City of Bozeman

    352 Mont. 145 (Mont. 2009)   Cited 19 times
    Holding that the public duty doctrine applied where a third party who was later arrested by law enforcement injured the plaintiff

    That, rather, is uniquely the task of a jury. Sandman v. Farmers Ins. Exchange, 1998 MT 286, ¶ 45, 291 Mont. 456, 969 P.2d 277. Fourth, the reasonableness of the officers' actions also is a question of fact, see In re Marriage of Bryant, 276 Mont. 317, 323, 916 P.2d 115, 119 (1996), and, as such, must be resolved by a jury, Sandman, ¶ 45. ¶ 62 The Court relies on Kepner v. Houstoun, 164 F.Supp. 2d 494 (E.D. Pa. 2001), and Eves v. Anaconda-Deer Lodge County, 2005 MT 157, 327 Mont. 437, 114 P.3d 1037.