Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kunst v. Pass, 1998 MT 71 (1998)

Citation
Kunst v. Pass, 1998 MT 71 (1998)
Parent Document
Kunst v. Pass, 1998 MT 71 (1998)
Jurisdiction
Montana (state)
Effective Date
1998-03-31

Other Sections in This Document (71)

Full Text

665 chars
¶27 In this case, Defendants, as landlords, were members of the class on
whom a duty was imposed; carbon monoxide poisoning from the faulty
heating system was the type of injury that the statute was designed to prevent;
and Plaintiff Erpenbach, a tenant, was a member of the class the Act was
designed to protect. See Calder, 275 Mont. at 279, 911 P.2d at 1160. The
Defendants, however, contend that Plaintiff Kunst has no standing to enforce
remedies under the Residential Landlord and Tenant Act because she was only
an overnight guest of Defendant Erpenbach and was not a tenant. The
Defendants cite no authority and provide no analysis to support this position.