Weaver v. State

¶1 The State of Montana appeals a Granite County jury’s verdict awarding damages to L. Fred Weaver, Joan Weaver and Vicki Weaver (the Weavers) from the State’s negligent fire containment procedures on their real property. The Weavers cross-appeal the Third Judicial District Court’s denial of their post-trial motion for sanctions. The State raises the following issues on appeal:

¶2 1. Whether the District Court erred when it denied the State’s motion to dismiss the Weavers’ negligence claim.

¶3 2. Whether the District Court erred when it granted the Weavers’ motion to strike and prohibited the…