Chambers v. City of Helena

¶49 I concur with the majority’s conclusion that the Uniform Braiding Code was correctly applied by the District Court as a matter of law and that the City was, therefore, negligent per se. I also concur that the District Court did not abuse its discretion when it granted the Plaintiffs motion for a new trial.

¶50 I concur with the majority’s conclusion that the District Court erred when it decided as a matter of law that the operation of the City’s transfer station was not an abnormally dangerous activity. However, I dissent from the majority’s refusal to apply the law correctly.

¶51 The…