Murphy v. State

The plaintiff, L.C., brought this action in the District Court of the First Judicial District, Lewis and Clark County, to recover damages from the State of Montana as a consequence of her confinement and treatment in the Montana State Hospital at Warm Springs. Here, she appeals an order granting partial summary judgment to the State for all acts or omissions before July 1, 1973. We affirm.

The issues are:

1. Did the District Court err in ruling that the State’s purchase of insurance for a later time period did not waive sovereign immunity for torts occurring prior to 1973?

2. Did the court err…