Vivier v. State Department of Transportation

Summary

The Supreme Court of Montana affirmed summary judgment for the State of Montana Department of Transportation and Lewis and Clark County in a negligence action arising from a vehicle-bicycle collision. The majority held that the plaintiffs failed to present sufficient evidence that roadway design or condition caused the accident. A justice specially concurred as to the County and dissented as to the Department of Transportation, concluding that the plaintiffs’ expert affidavit created factual issues concerning breach and causation.

Holdings

1. Summary judgment for Lewis and Clark County and the Montana Department of Transportation was proper because the Viviers failed to produce proof creating a genuine issue of material fact on causation.
2. A negligence claim requires proof of duty, breach, causation, and damages, and a defendant is entitled to summary judgment when the plaintiff cannot establish a genuine issue of material fact as to any one element.

Questions Presented

1. Whether the District Court erred by granting summary judgment to Lewis and Clark County and the Montana Department of Transportation on the ground that the Viviers failed to produce evidence creating a genuine issue of material fact regarding causation.
2. Whether the evidence concerning the road's design and condition created a genuine issue of material fact as to whether those conditions caused or substantially contributed to the accident.

Disposition

affirmed