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SLACK v. LANDMARK CO.

No. DA 10-0651.

267 P.3d 6 (2011)

2011 MT 292

362 Mont. 514

James Wyatt SLACK and Josephine L. Slack, individually and on behalf of their minor children, S.S., L.S., and J.S., Plaintiffs, Appellees and Cross-Appellants, v. The LANDMARK COMPANY, a Montana limited liability company; Mitzi Grover, Defendants, and Lewis and Clark County, Defendant, Appellant, and Cross-Appellee.

Supreme Court of Montana.

Decided November 22, 2011.

Attorney(s) appearing for the Case

For Appellant: Steven R. Milch , Crowley Fleck PLLP, Billings, Montana, Richard A. Larson , Attorney at Law, Helena, Montana.

For Appellee: Trevor L. Uffelman , Drake Law Firm, Helena, Montana.

Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 Defendant Lewis and Clark County (the "County") appeals from a jury verdict in the First Judicial District Court, Lewis and Clark County, finding the County negligent under § 75-10-1306(1), MCA, and awarding $563,592 in damages to Plaintiffs James and Josephine Slack ("Slacks"). The Slacks cross-appeal the District Court's denial of their motion for attorneys' fees. We affirm.

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