Bartel v. State

Plaintiff Donna L. Bartel, as guardian and conservator of Bruce W. Bartel, an incapacitated person, brought this negligence action against the State of Montana. After a bench trial on the issue of liability, the Lewis and Clark County District Court entered judgment in favor of the defendant State of Montana. Plaintiff appealed. By opinion dated January 2,1985, this Court affirmed the judgment *383of the District Court. Two of the justices who participated in the original case retired from the Court. Plaintiff petitioned for rehearing. A rehearing was granted. We affirm the judgment of the…