Kolar v. Bergo, No. 95-578
| Docket Nº | No. 95-578 |
| Citation | 280 Mont. 262, 929 P.2d 867 |
| Case Date | December 17, 1996 |
| Court | United States State Supreme Court of Montana |
Page 867
v.
Dennis BERGO, Linda Bergo, David Salvi, and Richard
Jergesen, Defendants and Respondents.
Decided Dec. 17, 1996.
[280 Mont. 263] James Stogsdill; Lewistown, L. Randall Bishop; Jarussi & Bishop; Billings, for Wade Kolar.
Steven J. Harman; Brown, Gerbase, Cebull, Fulton, Harman & Ross; Billings, for Dennis Bergo.
Robert J. James; James, Gray & McCafferty; Great Falls, for Linda Bergo.
Carey E. Matovich; Matovich, Addy & Keller; Billings, for David Salvi.
Charles R. Johnson; Marra, Wenz, Johnson & Hopkins; Great Falls, for Richard Jergesen.
ERDMANN, Justice.
Wade Kolar appeals from an order and memorandum issued by the Tenth Judicial District Court, Fergus County, granting summary judgment to defendants Linda Bergo and David Salvi. We reverse and remand.
The sole issue on appeal is whether the District Court erred in granting summary judgment to Linda Bergo and David Salvi.
On the day of April 1, 1993, David Salvi and his children had been playing practical jokes on each other, as it was April Fool's Day. They decided to play a joke on Dennis Bergo since Dennis and Linda Bergo were close family friends. The essence of the joke was to make Dennis believe that nine-year-
Page 868
old Marie Salvi was home alone, frightened, and in distress.Marie called the Bergo residence and spoke with Linda who told Marie that Dennis was not home but that she would try and locate him. Linda called Dennis, who was at the house of his friend, Richard Jergesen, and relayed Marie's message to him. Dennis had gone over to Jergesen's in the afternoon and discovered that he and some friends were working on a gravel moving project. Dennis had a beer at Jergesen's, returned home to change clothes, and went back to Jergesen's to help with the work. Later Jergesen ordered pizza to reward [280 Mont. 264] his friends for their help and Dennis had three or four more beers during that period of time.
In the meantime, Marie had called Linda a second time and asked for Dennis. She pretended that she was home alone, did not know where her father was, and indicated she was becoming increasingly anxious and afraid. Linda decided she should go over to the Salvi residence as quickly as possible and when she arrived she discovered that David and Marie were trying to play a practical joke on Dennis.
While Linda and David were visiting in the kitchen, Marie called Dennis herself at Jergesen's and told him she was home alone and wanted him to come over. She was crying and sounded fearful and in distress. Dennis rushed out of Jergesen's house, jumped into his pick-up truck and headed over to the Salvi residence. In his hurry to respond to Marie's call for help, Dennis failed to adequately check traffic at the truck by-pass intersection 1.4 miles west of Lewistown. Dennis drove through a stop sign and pulled directly in front of Wade Kolar, who was approaching the intersection on his motorcycle. Kolar was seriously injured.
Kolar filed a complaint for negligence against Dennis and a demand for jury trial. During discovery, Dennis blamed the accident on the practical joke and his concern about getting over to the Salvi residence. Kolar subsequently amended his complaint and named Linda and David as additional defendants. He later filed a second amended complaint alleging that Jergesen was also responsible for the accident as a social host. Linda and David each filed motions for summary judgment which the District Court granted. This appeal followed.
Our standard of review in appeals from summary judgment is de novo. Motarie v. Northern Montana Joint Refuse Disposal Dist. (1995), 274 Mont. 239, 242, 907 P.2d 154, 156; Mead v. M.S.B., Inc. (1994), 264 Mont. 465, 470, 872 P.2d 782, 785. When we review a district court's grant of summary judgment, we apply the same evaluation as the district court based on Rule 56, M.R.Civ.P. Bruner v. Yellowstone County (1995), 272 Mont. 261, 264, 900 P.2d 901, 903.
Did the District Court err in granting summary judgment to Linda Bergo and David Salvi?
[280 Mont. 265] The District Court stated that the only factual dispute before the court was the extent of Dennis's concern and anxiety for Marie when he left Jergesen's. The court determined that this dispute was not a "material...
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Larson-Murphy v. Steiner, No. 98-441.
...are generally not susceptible to summary judgment and are properly left for a jury determination at trial. Kolar v. Bergo (1996), 280 Mont. 262, 266, 929 P.2d 867, ? 22 Our review of a directed verdict, which is granted pursuant to Rule 50(a), M.R.Civ.P., is governed by well-established pri......
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Jackson v. State, I-I
...matter of law and all reasonable inferences are to be drawn in favor of the party opposing summary judgment." Kolar v. Bergo (1996), 280 Mont. 262, 266, 929 P.2d 867, ¶27 The crux of the Jacksons' "wrongful adoption" suit is their allegation that the State negligently misrepr......
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LaTray v. City of Havre, No. 99-286.
...for jury determination at trial. Scott v. Henrich, 1998 MT 118, ¶ 13, 288 Mont. 489, ¶ 13, 958 P.2d 709, ¶ 13; Kolar v. Bergo (1996), 280 Mont. 262, 266, 929 P.2d 867, 869; Wiley v. City of Glendive (1995), 272 Mont. 213, 216, 900 P.2d 310, 312; Pappas v. Midwest Motor Express, Inc. (1994),......
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Tvedt v. FARMERS INS. GROUP OF COMPANIES, No. 02-523.
...reasonable inferences are to be drawn in favor of the party opposing summary judgment." Meyer, ¶ 15 (citing Kolar v. Bergo (1996), 280 Mont. 262, 266, 929 P.2d 867, DISCUSSION Issue 1 ¶ 19 Did the District Court err in granting summary judgment to Farmers on Tvedt's two breach of contr......
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Larson-Murphy v. Steiner, No. 98-441.
...are generally not susceptible to summary judgment and are properly left for a jury determination at trial. Kolar v. Bergo (1996), 280 Mont. 262, 266, 929 P.2d 867, ? 22 Our review of a directed verdict, which is granted pursuant to Rule 50(a), M.R.Civ.P., is governed by well-established pri......
-
Jackson v. State, I-I
...as a matter of law and all reasonable inferences are to be drawn in favor of the party opposing summary judgment." Kolar v. Bergo (1996), 280 Mont. 262, 266, 929 P.2d 867, ¶27 The crux of the Jacksons' "wrongful adoption" suit is their allegation that the State negligently misrepresented, a......
-
LaTray v. City of Havre, No. 99-286.
...for jury determination at trial. Scott v. Henrich, 1998 MT 118, ¶ 13, 288 Mont. 489, ¶ 13, 958 P.2d 709, ¶ 13; Kolar v. Bergo (1996), 280 Mont. 262, 266, 929 P.2d 867, 869; Wiley v. City of Glendive (1995), 272 Mont. 213, 216, 900 P.2d 310, 312; Pappas v. Midwest Motor Express, Inc. (1994),......
-
Tvedt v. FARMERS INS. GROUP OF COMPANIES, No. 02-523.
...all reasonable inferences are to be drawn in favor of the party opposing summary judgment." Meyer, ¶ 15 (citing Kolar v. Bergo (1996), 280 Mont. 262, 266, 929 P.2d 867, DISCUSSION Issue 1 ¶ 19 Did the District Court err in granting summary judgment to Farmers on Tvedt's two breach of contra......