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KICHNET v. BUTTE-SILVER BOW COUNTY

No. DA 11-0445.

274 P.3d 740 (2012)

2012 MT 68

364 Mont. 347

Kevin KICHNET, Plaintiff and Appellant, v. BUTTE-SILVER BOW COUNTY and State of Montana, acting through the office of the State Medical Examiner, Department of Justice, Defendants and Appellees.

Supreme Court of Montana.

Decided March 22, 2012.

Attorney(s) appearing for the Case

For Appellant: Wade J. Dahood , Bernard J. "Ben" Everett , Michelle Sievers , Knight, Dahood, Everett & Sievers, Anaconda, Montana.

For Appellee Butte-Silver Bow County: Brendon J. Rohan , Poore, Roth & Robinson, P.C., Butte, Montana.

For Appellee State of Montana: Randy J. Cox , Thomas J. Leonard , Boone Karlberg, P.C., Missoula, Montana.

For Amicus Curiae Montana Trial Lawyers Association: Lawrence A. Anderson , Attorney at Law, Great Falls, Montana, Karl J. Englund , Attorney at Law, Missoula, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 For several months nineteen-year-old Kevin Kichnet had been babysitting his young nieces, Eternity and Jerica, on Wednesdays and Thursdays and was doing so on November 16, 2006. On November 16, Kichnet met three-year-old Eternity across the street from the children's house when the Head Start bus dropped her off after school. Kichnet claimed he was holding her hand as they crossed the street when...

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