Whitfield v. Therriault Corp.

The District Court for the Nineteenth Judicial District, Lincoln County, dismissed plaintiffs’ claim for wrongful death against the State of Montana (State), and granted the State summary judgment. Plaintiffs appeal. We affirm.

The issue is whether the District Court erred in granting summary judgment in favor of the State.

Harold F. Whitfield, Jr., died on October 29, 1984, as a result of injuries sustained in an automobile accident which occurred on October 23, 1984. The highway patrol accident report indicates that on the morning of the accident, Mr. Whitfield was traveling north on U.S.…