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OBERSON v. U.S.

Nos. CV 99-48-BU-DWM, CV-99-55-BU-DWM.

311 F.Supp.2d 917 (2004)

Lori OBERSON, Legal Guardian for Brian Musselman, an incapacitated person, and Kimberlee Musselman, Individually and as Natural Mother of Devon Musselman, a minor, Plaintiffs, v. UNITED STATES of America; acting through the U.S. Department of Agriculture, Forest Service, and Does A-Z, inclusive, Defendant. and United States of America, Third-Party Plaintiff, v. Jamie Louis Leinberger; Patrick B. Kalahar; and Tim A. Johnson, Third-Party Defendants. Lori Oberson, Legal Guardian for Brian Musselman, an incapacitated person, and Kimberlee Musselman Individually and as Natural Mother of Devon Musselman, a minor, Plaintiffs, v. State of Montana, by and through the Department of Fish, Wildlife, and Parks; West Yellowstone Chamber of Commerce, Does A-Z, inclusive, Defendants, and State of Montana, Plaintiff, v. United States of America, Third-Party Defendant.

United States District Court, D. Montana, Butte Division.

January 23, 2004.

Attorney(s) appearing for the Case

Tom L. Lewis, J. David Slovak, Lewis, Huppert & Slovak, Great Falls, MT, Andrew D. Huppert, Attorney at Law, Missoula, MT, for plaintiffs.

Bernard F. Hubley, Deanne Sandholm, Office of the U.S. Attorney, Helena, MT, William Evan Jones, Lucy T. France, Garlington, Lohn & Robinson, PLLP, Missoula, MT, Gig A. Tollefsen, Berg, Lilly & Tollefsen, Bozeman, MT, for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

MOLLOY, Chief Judge.

I. INTRODUCTION

On February 25, 1996, 35-year-old Brian Musselman was involved in a snowmobile accident on a snowmobile trail north of West Yellowstone, Montana, which caused him catastrophic brain injuries. Musselman was an expert snowmobiler who had been inducted into the Michigan Snowmobile Hall of Fame. His entire life was involved with snowmobiles. In addition to racing, he was an...

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