Towe v. SACAGAWEA, INC.

I dissent because I draw different factual inferences from the summary judgment record than those stated by the majority. If the record is viewed in the light most favorable to plaintiff, as is required, there are jury questions on defendants’ liability to plaintiff in tort. Specifically, the record allows the inferences that the graveled road leading to the cabled entrance to defendant Mountain View’s property was a road open to and used by the public; that the “private road” posting referred to the paved Mountain View road leading to the quarry; that Mountain View was aware of the public…