Estate of Schwabe v. Custer's Inn Associates, LLP

¶60 I dissent. The Court’s ruling upholding summary judgment due to lack of direct evidence of causation allows Custer’s Inn to take advantage of the very situation it created; that is, allowing Custer’s Inn, through its own noncompliance with safety regulations, to evade trial on the merits.

The District Court’s Analysis:

¶61 The Estate originally moved for partial summary judgment on liability contending that a pool open to the public may be a nuisance if certain public safety requirements are not met. In particular, the Estate contended that Custer’s Inn was in violation of § 50-53-107(1),…