Filip v. Jordan

¶1 Plaintiff Daniel Filip (Filip) appeals an order of the Thirteenth Judicial District Court, Yellowstone County, granting defendants Boot Hill Apple, Inc., and Patrick W. Ryan’s, d/b/a Applebee’s, (Applebee’s) motion to dismiss his personal injury claim. We reverse and remand.

¶2 The single issue on appeal is whether the District Court erred in concluding that Filip’s “Dram Shop Act” claim, brought under § 27-1-710, MCA (1999) 1 , is governed by a two-year statute of limitations.

¶3 The salient facts concerning this appeal are straightforward and uncontested. On December 10, 2000, Filip was a…