Mills v. Lincoln County

This is an appeal from a Nineteenth Judicial District, Lincoln County, decision ordering a new trial and from the District Court’s order denying Lincoln County’s motion for summary judgment. We reverse.

The dispositive issue on appeal is whether the District Court incorrectly denied Lincoln County’s motion for summary judgment.

Respondent Cynthia K. Mills (Mills) was physically injured on August 6,1988, at the Lincoln County Landfill, near Libby in Lincoln County, when she fell from a dumping platform into a refuse pit. The Lincoln County Landfill is operated by Lincoln County (County).

Mills…