Burk Ranches, Inc. v. State

The State of Montana appeals from a negligence action in the District Court of the Fifth Judicial District, Beaverhead County, arising out of the collapse of the Brownes Lake Dam. The District Court held all parties liable as a matter of law, and the jury apportioned 100% of the liability to the State and awarded actual and future damages to downstream ranchers.

We reverse and remand.

ISSUES

The State of Montana raises the following issues on appeal:

1. Whether the District Court erred in not dismissing plaintiff Rieber’s claim for future damages resulting from his loss of irrigation capacity.

2.…