State v. District Ct. of Fourteenth Jud. Dist.

Relator State of Montana seeks an appropriate writ requiring the respondent District Court to vacate its order denying the State’s identical motions in three actions now pending in the District Court. The actions arose from the death of four people in a highway accident. Negligence on the part of the State in construction and maintenance of the highway was alleged.

The State moved for summary judgment or judgment on the pleadings based on the defense of sovereign immunity as to claims arising out of death. It also moved for leave to amend its answer to present three additional defenses:

1)…