Jon Berge, Plaintiff-Appellee/cross-Appellant v. Boyne Usa, Inc., a Michigan Corporation, Defendant-Appellant/cross-Appellee

In this diversity action defendant appeals on the ground, inter alia, that the district court incorrectly concluded that Montana has abandoned the distinction between “trespassers,” “invitees,” and “licensees” when determining the duty of care a property owner owes to someone who is injured on its property. We review de novo the district court’s interpretation of state law. In re McLinn, 739 F.2d 1395 (9th Cir.1984) (en banc).

Until recently, it was unclear whether, under Montana law, a property owner’s duty of care depended on the status of the injured party. See Harmon v. Billings Bench…