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PFOST v. STATE

No. 85-07.

713 P.2d 495 (1985)

Richard B. PFOST, Plaintiff and Respondent, v. The STATE of Montana, Missoula County, and Mineral County, Political subdivisions of the state of Montana, Defendants and Appellants.

Supreme Court of Montana.

Decided December 31, 1985.

Rehearing Denied February 20, 1986.

Attorney(s) appearing for the Case

J. Michael Young argued, Clayton Herron, Dept. of Admin., Helena, Boone, Karlberg & Haddon, Randy J. Cox argued, Missoula, for Missoula County, M. Shaun Donovan, Mineral Co. Atty., Superior, for defendants and appellants.

Green, MacDonald & Kirscher, Joan B. Newman argued, Missoula, for Pfost.

Mike Greely, Atty. Gen., Helena, Goetz, Madden & Dunn, James Goetz argued, Bozeman, Michael W. Flanigan, Anchorage, Alaska, for Leslie Erickson, amicus curiae.

Crowley Law Firm, Randall Bishop, Billings, for Oscar L. Heinrich, Jr., amicus curiae.

SHEEHY, Justice.

We hold in this case that § 2-9-107, MCA, is unconstitutional, insofar as it limits the liability of the State or any political subdivision in tort actions for damages suffered from an act or omission of an officer, agent, or employee of the entity to amounts not in excess of $300,000 for each claimant and $1,000,000 for each occurrence.

Richard B. Pfost filed his complaint in the District Court, Fourth Judicial District, Missoula County...

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