Udy v. Custer County

WALTERS, Justice.

This is an appeal from the district court’s decision granting summary judgment in a negligence action in favor of Respondents Custer County and Sheriff Mickey Roskelley. The district court held that Sheriff Roskelley did not have a legal duty to remove or warn of rocks on a State highway. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On March 1, 1998, David Udy was driving his truck on Highway 75 approximately two miles north of Clayton in Custer County. Roy Olivers and Roxanna McDonald were passengers in Udy’s truck. While driving, Udy encountered a large rock in the road. Udy…