Contreras v. Fitzgerald

¶1 Carmen G. Contreras sued Sarah Fitzgerald in the Fourth Judicial District Court, Missoula County. Fitzgerald counterclaimed. The counterclaim is all that remains of the case. Both parties filed cross-motions for summary judgment. On March 19, 2001, the Honorable John S. Henson granted Contreras’ motion and denied Fitzgerald’s motion. Fitzgerald appeals. We affirm in part and reverse and remand in part.

¶2 The following issues are dispositive of this appeal:

¶3 1. Did the District Court err when it concluded that Fitzgerald passed in a no-passing zone?

¶4 2. Did the District Court err when it…