Gatlin-Johnson Ex Rel. Gatlin-Johnson v. City of Miles City

¶1 Tiffany Gatlin (Gatlin) appeals from the District Court’s order dated February 7, 2012, granting summary judgment to the City of Miles City (City). We reverse.

¶2 We restate the issue on appeal as follows:

¶3 Whether the District Court properly applied the public duty doctrine to grant summary judgment to the City.

PROCEDURAL AND FACTUAL BACKGROUND

¶4 The following facts are taken from the District Court’s order on summary judgment. Riverside Park is a facility owned and operated by the City. It includes an area of playground equipment for the use of *416children. The City designed and planned the…