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GONZALES v. CITY OF BOZEMAN

No. DA 08-0566.

217 P.3d 487 (2009)

2009 MT 277

352 Mont. 145

Leah GONZALES, Plaintiff and Appellant, v. CITY OF BOZEMAN, Montana; Bozeman Police Department; Kaycee Anderson, Greg Megargel, Gallatin County, Montana; Gallatin County Sheriff's Department; Jake Wagner and Don Peterson, and the Gallatin County 911 Communications Department, Defendants and Appellees.

Supreme Court of Montana.

Submitted May 20, 2009.

Decided August 24, 2009.

Rehearing Denied October 6, 2009.

Attorney(s) appearing for the Case

For Appellant: Jennifer Wendt Bordy, P.C. (argued); Attorney at Law, Bozeman, Montana.

For Appellees: Harlan B. Krogh (argued); Crist, Krogh & Nord, LLC, Billings, Montana (for City of Bozeman and Bozeman Police Department); Pamela D. Bucy; Luxan & Murfitt, Helena, Montana (for Kaycee Anderson and Greg Megargel); Steven R. Milch; Crowley Fleck, PLLP, Billings, Montana (for Gallatin County, Montana; Gallatin County Sheriff's Department; Jake Wagner; Don Peterson and Gallatin County 911).

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Leah Gonzales appeals from the July 30, 2008, orders of the District Court of the Eighteenth Judicial District Court, Gallatin County, granting summary judgment to the defendants. We affirm.

¶ 2 Gonzales raises several issues on appeal that we restate as follows:

¶ 3 Issue One: Whether the District Court properly concluded that the public duty doctrine bars Gonzales'...

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