Dillard v. Doe

The appellant, Kelvin Dillard, appeals from an order of the District Court of the Twentieth Judicial District, Lake County, granting summary judgment in favor of the respondents, John Doe and the State of Montana. We affirm in part, reverse in part and remand for further proceedings.

The sole issue on appeal is whether the District Court erred in granting summary judgment to the respondents.

Early on the morning of January 9, 1989, the appellant, Kelvin Dillard, was walking from his home on Fulkerson Lane near Flathead Lake to work the 7:00 a.m. shift at Flathead Lumber in Poison, Montana. It…