Dubiel v. Montana Department of Transportation
Montana Supreme Court
1Opinion of the CourtJustice Cotter
¶1 Jerome Dubiel (Jerome) was killed while traveling north on Montana Highway 35 in December 2008. He was traveling during a 'high wind” event that had caused numerous trees to blow down along this stretch of highway. While stopped temporarily by a Montana Department of Transportation (MDT or the Department) field maintenance employee who was clearing highway debris, a tree fell on Dubiel’s car inflicting a fatal injury. Keevy, Jerome’s wife (hereinafter referred to as Dubiel), sued MDT claiming it had negligently failed to close the highway prior to her husband’s death. Several months into…
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