Gentry v. Douglas Hereford Ranch, Inc.
Montana Supreme Court
962 P.2d 1205 (Mont. 1998)
Relevant factsFree
Bacon stumbled while walking down wooden steps at the Douglas Hereford Ranch (defendant), causing his rifle to discharge and kill Barbara Gentry; Bacon testified he did not remember what caused him to stumble. Gentry's husband (plaintiff) sued the Ranch for negligent maintenance of the steps, and the trial court granted the Ranch summary judgment, finding no evidence establishing the steps' condition actually caused the stumble.
IssueFree
Whether, when the cause in fact of an accident cannot be proven, speculation is sufficient to defeat a motion for summary judgment.