Mascarena v. Booth

This is an appeal from an order and final judgment of the district court, Yellowstone County, granting defendants’ motion for summary judgment and decreeing that judgment be entered in favor of defendants and against plaintiff. The sole issue on appeal is whether defendants are entitled to summary judgment considering the underlying question of whether § 339(b)(c), Restatement, Second, Torts, presents questions of law or fact.

Plaintiff, an eleven year old child at the time this action arose, and his grandfather, the child’s duly appointed guardian ad litem, filed a complaint in the district…