Kostelecky v. Peas in a Pod LLC

Summary

The Montana Supreme Court reviewed a summary judgment ruling in favor of a daycare and its operators on negligence-based tort, breach of contract, and Montana Consumer Protection Act claims arising from an infant’s subdural hematomas. The Court held that the plaintiffs lacked sufficient non-speculative evidence establishing medical causation or showing that any defendant caused the alleged injury while the child was in daycare. The Court affirmed the District Court’s judgment.

Holdings

1. Summary judgment was proper because the plaintiffs failed to present competent, non-speculative evidence that any particular negligent act or omission by defendants was a cause-in-fact of the child's subdural hematomas.
2. Summary judgment was proper because the plaintiffs pursued on appeal a new and unpled contract theory concerning a prepaid February 2017 daycare fee rather than the pleaded theory that defendants' failure to provide safe and legally compliant childcare caused the child's injury.
3. Summary judgment was proper because the plaintiffs did not establish that the alleged licensing-related misrepresentations or omissions caused an ascertainable financial loss, and their appellate theory concerning an unrefunded February 2017 payment was an unpled theory.

Questions Presented

1. Whether the District Court properly granted summary judgment on the causation element of the plaintiffs' negligence-based tort claims.
2. Whether the District Court properly granted partial summary judgment on the plaintiffs' breach of contract claim.
3. Whether the District Court properly granted partial summary judgment on the plaintiffs' Montana Consumer Protection Act claim.

Disposition

affirmed