Big Man v. State

This is an appeal from a summary judgment entered against the plaintiff in favor of both defendants by the District Court of the Thirteenth Judicial District, in and for the County of Big Horn.

Daniel Big Man, a five-year-old pedestrian, was struck by a car driven by Eunice Case. The accident occurred on or near the south end of a bridge that crosses the Little Big Horn River, 18 milés south of Hardin, Montana, on Interstate 90 (1-90). The site of the accident abuts a “swimming hole” frequently used by children in the area. The children had access to the swimming hole through an opening in a…