Dayberry v. City of East Helena

¶1 Jeremy Dayberry (Dayberry), a minor, and his mother, Debbie Lehrkamp, appeal the judgment of the First Judicial District Court, Lewis and Clark County, granting the City of Helena’s (the City) motion for summary judgment.

¶2 We address the following issue on appeal and affirm:

¶3 Did the District Court err in granting the City’s motion for summary judgment when Dayberry did not present expert testimony in establishing his negligence and strict liability claims?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 On June 26, 1997, Dayberry went swimming at the City’s municipal swimming pool. While at the…