Tonner v. Cirian

¶1 Jessica L. Tonner (Tonner) appeals an order of the Nineteenth Judicial District Court, Flathead County, granting summary judgment to Holly Ann Cirian (Cirian). The sole issue on appeal is whether Cirian is entitled to judgment as a matter of law. We reverse and remand for trial on Tonner’s claim of negligence.

PROCEDURAL AND FACTUAL BACKGROUND

¶2 On March 19, 2007, Tonner was driving her Nissan Titan pickup truck east on Balsam Street in Libby, Montana. At the same time, Cirian was driving her Hyundai Elantra north on Washington Avenue, which meets Balsam Street at an uncontrolled…