Estate of Schwabe v. Custer's Inn Associates, LLP

¶1 David H. Schwabe, as personal representative of the estate of Mark David Schwabe (hereinafter the Estate), appeals the summary judgment entered in favor of Custer’s Inn Associates, LLP, and DBSI Realty Corporation (hereinafter collectively referred to as Custer’s Inn), by the Sixteenth Judicial District Court, Custer County. The court determined that no material facts remained in dispute concerning the element of causation in the Estate’s wrongful death action claim of negligence per se, entitling the Custer’s Inn to judgment as a matter of law, and the Estate appealed.

¶2 We affirm.

¶3 The…