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MONTANA DEACONESS MED. CENTER v. JOHNSON

No. 88-91.

758 P.2d 756 (1988)

MONTANA DEACONESS MEDICAL CENTER, a non profit corporation, Plaintiff and Respondent, v. Carl E. JOHNSON, Defendant and Respondent. CITY OF GREAT FALLS, Montana, Defendant, Third-Party Plaintiff and Appellant, v. COUNTY OF CASCADE, Montana, Third-Party Defendant and Respondent.

Supreme Court of Montana.

Decided July 7, 1988.

Attorney(s) appearing for the Case

David V. Gliko, City Atty., Great Falls, for defendant, third-party plaintiff and appellant.

Sharon M. Anderson, Patrick L. Paul, Co. Atty., Great Falls, for third-party defendant and respondent.

David J. Patterson (MACO), Missoula, James T. Harrison, Jr. (Sheriffs), Helena, Jim Nugent (Mont. League of Cities & Towns), Missoula, for amicus curiae.

SHEEHY, Justice.

In this case we are asked to determine whether the City of Great Falls (City) or the County of Cascade (County) is ultimately responsible for medical costs incurred by a person in the custody of City Police Officers as a result of a felony arrest. The District Court of the Eighth Judicial District, Cascade County, determined that the controlling factor was the City's custody over Johnson at the time the medical...

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