Lacock v. 4B's Restaurants, Inc.

Appellant, Larry R. Lacock (Lacock) appeals from the jury verdict of the Fourth Judicial District Corut, Missoula County, concluding that negligence on the part of defendant, 4B’s Restaurant (4B’s), was not the proximate cause of Lacock’s damages. We reverse.

The dispositive issue on appeal is whether the District Court abused its discretion in giving the jury an instruction on proximate cause which omitted the last sentence of Montana Pattern Instruction No. 2.06.

BACKGROUND

In the early morning of February 27,1990, Lacock patronized the 4B’s restaurant on East Broadway in Missoula, Montana.…