Newman v. Lichfield

Summary

The Supreme Court of Montana reviewed pretrial and trial rulings in a wrongful-death action arising from a teenager’s suicide while attending a specialty boarding school. The court held that the trial court improperly limited foreseeability evidence concerning what the defendants knew about the program and similar risks, requiring a new trial. It affirmed the denial of partial summary judgment on joint tortious conduct because material facts regarding knowledge and substantial assistance were disputed.

Holdings

1. The District Court abused its discretion by limiting negligence evidence to what Karlye knew and what happened to her. Evidence concerning what Lichfield and WWASP knew about the program, its treatment of mentally unstable minors, similar problems, and the risks posed to similarly situated minors was relevant to foreseeability, duty, and negligence.
2. The District Court properly denied Newman's motion for partial summary judgment because material facts remained disputed concerning whether the other defendants tortiously caused Karlye's death, whether Lichfield and WWASP acted in concert or pursuant to a common design, and whether they knew of a breach of duty and provided substantial assistance or encouragement.
3. The District Court did not abuse its discretion in excluding Szalavitz's testimony under the circumstances presented, because the proposed testimony raised concerns about hearsay and relevance and Newman declined the court's offered Rule 402 hearing. On retrial, the court may reconsider the testimony if particular portions are shown to be relevant and otherwise admissible.

Questions Presented

1. Whether the District Court abused its discretion by limiting foreseeability evidence to matters known by, witnessed by, or directly experienced by Karlye.
2. Whether the District Court erred by denying Newman's motion for partial summary judgment on joint tortious conduct under Restatement (Second) of Torts § 876.
3. Whether the District Court abused its discretion by excluding proposed testimony from journalist and researcher Maia Szalavitz concerning the history, ideology, and methods of WWASP-associated programs.

Disposition

reversed_and_remanded