Jon Berge, Plaintiff-Appellee/cross-Appellant v. Boyne Usa, Inc., a Michigan Corporation, Defendant-Appellant/cross-Appellee

Ninth Circuit

Jon Berge, Plaintiff-Appellee/cross-Appellant v. Boyne Usa, Inc., a Michigan Corporation, Defendant-Appellant/cross-Appellee

779 F.2d 1445, 1986 U.S. App. LEXIS 21707

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 9, 1986

Docket84-4428, 85-3586

StatusPublished

Cited by2 cases

This text of 779 F.2d 1445 (Jon Berge, Plaintiff-Appellee/cross-Appellant v. Boyne Usa, Inc., a Michigan Corporation, Defendant-Appellant/cross-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jon Berge, Plaintiff-Appellee/cross-Appellant v. Boyne Usa, Inc., a Michigan Corporation, Defendant-Appellant/cross-Appellee, 779 F.2d 1445, 1986 U.S. App. LEXIS 21707 (9th Cir. 1986).

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Opinion

PER CURIAM:

In this diversity action defendant appeals on the ground, inter alia, that the district court incorrectly concluded that Montana has abandoned the distinction between “trespassers,” “invitees,” and “licensees” when determining the duty of care a property owner owes to someone who is injured on its property. We review de novo the district court’s interpretation of state law. In re McLinn, 739 F.2d 1395 (9th Cir.1984) (en banc).

Until recently, it was unclear whether, under Montana law, a property owner’s duty of care depended on the status of the injured party. See Harmon v. Billings Bench Water Users Association, 765 F.2d 1464, 1467 n. 3 (9th Cir.1985). Compare Corrigan v. Janney, 626 P.2d 838 (Mont.1981) (status irrelevant) with Cereck v. Albertson’s Inc., 195 Mont. 409, 637 P.2d 509 (1981) (status relevant). The Montana Supreme Court has now clarified the matter, however. In Limberhand v. Big Ditch Co., 706 P.2d 491, 496 (Mont.1985), the court held that the status of the injured party is irrelevant in determining the duty of care owed to him. The holding to the contrary in Cereck was stated to be “not correct.” Id. Accordingly, the district court was correct in holding that the duty of care defendant owed to plaintiff did not depend on whether plaintiff was a “trespasser,” “licensee,” or “invitee.”

The other issues raised are discussed in a separate memorandum disposition filed *1446 concurrently herewith and the judgment of the district court is affirmed.

AFFIRMED.

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PER CURIAM:

In this diversity action defendant appeals on the ground, inter alia, that the district court incorrectly concluded that Montana has abandoned the distinction between “trespassers,” “invitees,” and “licensees” when determining the duty of care a property owner owes to someone who is injured on its property. We review de novo the district court’s interpretation of state law. In re McLinn, 739 F.2d 1395 (9th Cir.1984) (en banc).

Until recently, it was unclear whether, under Montana law, a property owner’s duty of care depended on the status of the injured party. See Harmon v. Billings Bench Water Users Association, 765 F.2d 1464, 1467 n. 3 (9th Cir.1985). Compare Corrigan v. Janney, 626 P.2d 838 (Mont.1981) (status irrelevant) with Cereck v. Albertson’s Inc., 195 Mont. 409, 637 P.2d 509 (1981) (status relevant). The Montana Supreme Court has now clarified the matter, however. In Limberhand v. Big Ditch Co., 706 P.2d 491, 496 (Mont.1985), the court held that the status of the injured party is irrelevant in determining the duty of care owed to him. The holding to the contrary in Cereck was stated to be “not correct.” Id. Accordingly, the district court was correct in holding that the duty of care defendant owed to plaintiff did not depend on whether plaintiff was a “trespasser,” “licensee,” or “invitee.”

The other issues raised are discussed in a separate memorandum disposition filed *1446 concurrently herewith and the judgment of the district court is affirmed.

AFFIRMED.

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779 F.2d 1445, 1986 U.S. App. LEXIS 21707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jon-berge-plaintiff-appelleecross-appellant-v-boyne-usa-inc-a-ca9-1986.

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