S.M. v. R.B.

Plaintiffs appeal the order of the District Court of the Fourth Judicial District, Missoula Comity, which granted summary judgment to Missoula School District No. 1 (School District) in an action which alleged that a four-year old plaintiff had been sexually assaulted by a teacher’s aide.

Defendant R.B. did not appear and defend in this action. R.B.’s default was entered by the clerk of court. The School District initially asserted that the claims against it were barred by the defense of immunity. In the prior appeal of this cause, this Court held that the School District waived immunity to…