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GATLIN-JOHNSON v. CITY OF MILES CITY

No. DA 12-0129.

291 P.3d 1129 (2012)

2012 MT 302

Alyssa GATLIN-JOHNSON (a minor) by Tiffany GATLIN, parent and next friend of Alyssa Gatlin-Johnson, Plaintiff and Appellant, v. CITY OF MILES CITY, Defendant and Appellee.

Supreme Court of Montana.

Decided December 21, 2012.

Attorney(s) appearing for the Case

For Appellant: Michael G. Eiselein ; Eiselein & Grubbs, PLLP, Billings, Montana.

For Appellee: Gerald B. Murphy , Emily Jones ; Moulton Bellingham, P.C., Billings, Montana.

For Amici Curiae: Justin Staples ; Beck & Amsden, PLLC, Bozeman, Montana (for Montana Trial Lawyers), Steven R. Milch ; Crowley Fleck PLLP, Billings, Montana (for Montana Association of Counties), Jim Nugent , Missoula City Attorney, Susan A. Firth , Chief Civil/Administrative Attorney, Missoula, Montana (for Montana League of Cities and Towns).

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Tiffany Gatlin (Gatlin) appeals from the District Court's order dated February 7, 2012, granting summary judgment to the City of Miles City (City). We reverse.

¶ 2 We restate the issue on appeal as follows:

¶ 3 Whether the District Court properly applied the public duty doctrine to grant summary judgment to the City.

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