Kaiser v. Town of Whitehall
Montana Supreme Court
1Opinion of the CourtJustice Harrison
This case comes on appeal from an order of the District Court of the Fifth Judicial District, Jefferson County, granting defendant Town of Whitehall summary judgment. We reverse the summary judgment of the District Court and remand this case for trial on the merits.
On May 25, 1983, the plaintiff, Gayle Kaiser (“Kaiser”), age 69, was walking to the Whitehall post office along with her unleashed dog. Kaiser lived several blocks from the post office and it was necessary for her to use a public sidewalk maintained by the Town of Whitehall in order to reach her destination. On this date, the…
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