Brymerski v. City of Great Falls

This is an appeal by plaintiffs from an order of the Eighth Judicial District Court granting defendants’ motion to dismiss the plaintiffs’ action for failure to prosecute. We reverse.

Between the summer of 1975 and the summer of 1976, defendants Robert and Shirley Pappin and Thomas Mather (hereinafter referred to as Pappin/Mather) were responsible for the construction of streets, the installation of curbs and gutters, and the excavation of soil near the location of the plaintiffs’ residence in the West Hill Addition to the City of Great Falls, Montana.

During June and July of 1976, heavy…