Hatch v. State Department of Highways

887 P.2d 729, 269 Mont. 188, 51 State Rptr. 1512, 1994 Mont. LEXIS 304
CourtMontana Supreme Court
DecidedDecember 23, 1994
Docket94-024
StatusPublished
Cited by18 cases

This text of 887 P.2d 729 (Hatch v. State Department of Highways) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hatch v. State Department of Highways, 887 P.2d 729, 269 Mont. 188, 51 State Rptr. 1512, 1994 Mont. LEXIS 304 (Mo. 1994).

Opinions

JUSTICE GRAY

delivered the Opinion of the Court.

Linda Joann Hatch (Hatch) and Brenda DeMers (DeMers) appeal from an opinion and order of the Fourth Judicial District Court, Missoula County, granting partial summary judgment in favor of the State of Montana Department of Highways. We affirm.

We restate the issues on appeal as follows:

1. Did the District Court err in granting summary judgment on the State’s liability for Beatty’s pulling the snowplow onto the highway in front of the Hatch vehicle?

[191]*1912. Did the District Court err in granting summary judgment on the State’s liability for using a snowplow to remove hardpack snow and ice from Highway 83?

This lawsuit arose out of an automobile accident occurring on December 20, 1990. On that date, the Hatch family was traveling north on Highway 83 in a station wagon driven by Calvin Hatch. The weather was overcast and cold, and the highway was covered with a hardpack of snow and ice.

While the Hatch family was traveling north on Highway 83, Lee Beatty (Beatty), an employee of the Montana Department of Highways (State), began plowing the highway southbound from the Rainy Lakes Shop. A piece of heavy equipment called a “motor patrol” usually is utilized to remove the hardpack snow and ice; motor patrols travel very slowly and literally cut the snow and ice off the road. Unlike plows, they discharge excess snow and ice slowly off to the side; thus, the snow plumes — clouds of snow and ice — created by snowplows do not occur.

On the date of the accident at issue here, however, the Rainy Lakes motor patrol was inoperable and, therefore, Beatty’s supervisor directed him to remove the hardpack with a regular snowplow. After plowing south for a few miles, Beatty turned the plow around and began heading north, directly in front of the Hatch vehicle. Joann Hatch, who had been sleeping, remembers her husband Calvin commenting on the fact that a snowplow was pulling out in front of them. Calvin slowed the car from a speed of 45 to 50 miles per hour to 30 to 35 miles per hour to follow the plow. The accident occurred between 45 seconds and one minute after the plow pulled onto the highway. Wade Hatch, age fourteen at the time, recalls that once the plow pulled in front of them it was “icy” and hard to see.

The accident occurred on an “S” curve on Highway 83, approximately 170 feet north of mile marker 23. Beatty testified that when he entered the curve, he had to move the plow a couple of feet to the right in order to remain in his own lane and avoid a southbound pickup truck driven by DeMers. When Beatty took this corrective action, the plow bit into the snow berm on the right side of the road and created a larger snow plume. The Hatch and DeMers vehicles collided a few moments later. Calvin Hatch died as a result of the collision, and all other occupants of the Hatch and DeMers vehicles were injured.

Hatch and DeMers sued the State for negligence, asserting a number of negligent acts. They claimed that the snow plume blinded [192]*192Calvin Hatch, resulting in the collision, and that the State’s negligent acts caused the accident.

The State moved for, and was granted, summary judgment on its liability relating to: (1) Beatty’s pulling the plow onto the highway in front of the Hatch vehicle; and (2) delayed maintenance of the motor patrol, and the resulting decision to use the snowplow to remove the hardpack of snow and ice. As to these issues, the District Court determined that no genuine issue of material fact existed regarding the requisite proximate cause element, and concluded that the State was entitled to summary judgment as a matter of law on these portions of the negligence claim against it. Beatty’s alleged negligence in operating the snowplow after entering the highway, including speed and overall control of the plow, remained for trial.

The case was tried to a jury and resulted in a verdict for the State. Hatch and DeMers appeal from the District Court’s grant of summary judgment to the State on those portions of their negligence claim related to Beattys pulling the plow onto the highway in front of the Hatch vehicle and the decision to use the snowplow to remove the hardpack.

Regarding Beatty’s entry onto the highway in front of the Hatch vehicle, appellants assert that the plow “trapped” the Hatch vehicle in the snow plume, and that the reduced visibility from the plume caused the collision. Regarding the use of the snowplow on the hardpack, appellants contend that the selection of a plow was negligent because a plow is difficult to control when used to remove hardpack snow and ice. They argue that Beattys difficulty in controlling the plow while removing the hardpack caused him to have to change course to avoid DeMers, thereby hitting the snow berm on the right side of the highway and creating a larger plume of snow. In essence, appellants argue that these issues were so intertwined with the remainder of their negligence action that the District Court’s grant of partial summary judgment effectively prejudiced their ability to try the case.

Summary judgment is proper when no genuine issues of material fact exist and the moving party is entitled to judgment as a matter of law. Rule 56(c), M.R.Civ.P We review an order granting summary judgment by applying the same criteria as the district court. Minnie v. City of Roundup (1993), 257 Mont. 429, 431, 849 P.2d 212, 214.

In a negligence action, a plaintiff must prove four elements: (1) duty; (2) breach of duty; (3) causation; and (4) damages. U.S.F. & G. v. Camp (1992), 253 Mont. 64, 68, 831 P.2d 586, 589. Ordinarily, [193]*193issues of negligence are questions of fact not susceptible to summary adjudication. Dillard v. Doe (1991), 251 Mont. 379, 382, 824 P.2d 1016, 1018 (citations omitted). However, if the defendant establishes the absence of a genuine issue of material fact as to any one of the elements constituting the cause of action, and the plaintiff fails to come forward with proof establishing the existence of a genuine issue as to that element, summary judgment in the defendant’s favor is proper. See White v. Murdock (1994), 265 Mont 386, 877 P.2d 474, 476. Any inferences to be drawn from the factual record must be resolved in favor of the party opposing summary judgment. Boylan v. Van Dyke (1991), 247 Mont. 259, 266, 806 P.2d 1024, 1028.

1. Did the District Court err in granting summary judgment on the State’s liability for Beatty’s pulling the plow onto the highway in front of the Hatch vehicle?

For the purpose of analyzing this issue, we need not address either the duty or breach of duty elements of appellants’ claim that Beatty pulled onto Highway 83 in front of the Hatch vehicle in an unsafe manner which constituted a hazard. We focus directly on the causation element because, even if Beatty breached a duty — which we do not decide here — the appellants did not establish a genuine issue of material fact regarding whether such a breach was the proximate cause of the accident.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Beaver v. Bursey
2017 MT 48N (Montana Supreme Court, 2017)
Morrow v. Bank of America, N.A.
2014 MT 117 (Montana Supreme Court, 2014)
Ternes v. State Farm Fire & Casualty Co.
2011 MT 156 (Montana Supreme Court, 2011)
Debcon, Inc. v. City of Glasgow
2001 MT 124 (Montana Supreme Court, 2001)
Gus & Jacks Tire Shop v. Reznor
8 F. App'x 696 (Ninth Circuit, 2001)
Dobrocke v. City of Columbia Falls
2000 MT 179 (Montana Supreme Court, 2000)
Schmidt v. Washington Contractors Group, Inc.
1998 MT 194 (Montana Supreme Court, 1998)
Schumacker v. Meridian Oil Co.
1998 MT 79 (Montana Supreme Court, 1998)
Weibert v. Boothe
Montana Supreme Court, 1996
Burchard v. Gregory
Montana Supreme Court, 1996
Calder v. Anderson
911 P.2d 1157 (Montana Supreme Court, 1996)
Brown v. Demaree
901 P.2d 567 (Montana Supreme Court, 1995)
Wiley v. City of Glendive
900 P.2d 310 (Montana Supreme Court, 1995)
Hatch v. State Department of Highways
887 P.2d 729 (Montana Supreme Court, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
887 P.2d 729, 269 Mont. 188, 51 State Rptr. 1512, 1994 Mont. LEXIS 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hatch-v-state-department-of-highways-mont-1994.