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OBERSON v. U.S. DEP. OF AGRIC., FOREST SER.

No. OP 06-0232.

171 P.3d 715 (2007)

2007 MT 293

Lori OBERSON, Legal Guardian for Brian Musselman, an incapacitated person; Kimberlee Musselman, individually and as the Natural Mother of Devon Musselman, a minor, Plaintiffs, v. UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE, Defendant.

Supreme Court of Montana.

Submitted May 1, 2007.

Decided November 7, 2007.

Attorney(s) appearing for the Case

For Plaintiffs: Andrew D. Huppert (argued), Attorney at Law, Missoula, Montana, Tom L. Lewis and J. David Slovak, Lewis, Slovak & Kovacich, Great Falls, Montana.

For Defendant: H. Thomas Byron, III (argued), Peter D. Keisler, U.S. Dept. of Justice, Civil Division, Washington, D.C., William W. Mercer, U.S. Attorney for the District of Montana, Victoria Laeder Francis, U.S. Attorney's Office, Billings, Montana.

For Amicus Montana Fish, Wildlife & Parks: Robert N. Lane, Chief Counsel, Fish, Wildlife & Parks, Helena, Montana.

For Amicus Montana Trial Lawyers Association: Michael G. Eiselein, Lynaugh, Fitzgerald, Eiselein & Grubbs, Billings, Montana, Lawrence A. Anderson, Attorney at Law, Great Falls, Montana.

For Amicus Montana Defense Trial Lawyers Association: Mikel L. Moore (argued), Christensen, Moore, Cockrell, Cummings & Axelberg, P.C., Kalispell, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Lori Oberson, as legal guardian for Brian Musselman (Musselman), and others, (collectively Oberson), brought an action in the United States District Court for the District of Montana under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, alleging that the United States Forest Service (Forest Service) negligently had failed to correct or warn of a dangerous condition on the snowmobile...

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