Kaldahl v. State Highway Commission

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This appeal is from an order of the District Court granting defendants’ motion to dismiss plaintiffs’ complaint for failure to state a claim for relief because of the sovereign immunity of the state of Montana.

The issue before us is whether or not this Court should discard the doctrine of sovereign immunity.

The facts are simple. Plaintiffs, Gerald H. Kaldahl and Jeanne M. Kaldahl, while traveling along U. S. Highway No. 2, near Dodson, Montana, were injured in a one car accident. Plaintiffs’ alleged it was the duty of the…