Brown v. Demaree

Carl Brown (Brown) appeals from an order of the First Judicial District Court, Lewis and Clark County, granting summary judgment to Gary Demaree (Demaree) on Brown’s complaint in negligence for personal injuries. We reverse and remand for further proceedings.

Background

In addition to the pleadings, motions and briefs, the record on appeal consists solely of Brown’s deposition. On that record, the following material facts are not in dispute. On January 15, 1994, between 4:30 a.m. and 5:00 a.m. or a little after, Brown, working as a substitute newspaper carrier for the Helena Independent Record,…