Bruner v. Yellowstone County, 272 Mont. 261 (1995)

Citation: Bruner v. Yellowstone County, 272 Mont. 261 (1995)
Parent Document: Bruner v. Yellowstone County, 272 Mont. 261 (1995)
Jurisdiction: Montana (state)
Effective Date: 1995-08-03
Original Source: https://www.courtlistener.com/opinion/883592/bruner-v-yellowstone-county/ ↗

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The standard of review for a grant of summary judgment is well settled in Montana. This Court will apply the same evaluation as the district court based upon Rule 56, M.R.Civ.P. The movant must demonstrate that no genuine issues of material fact exist. Toombs v. Getter Trucking, Inc. (1993), 256 Mont. 282, 846 P.2d 265. Once this has been accomplished, the burden then shifts to the non-moving party to prove, by more than mere denial and speculation, that a genuine issue does exist. S.M. v. R.B. (1993), 261 Mont. 522, 862 P.2d 1166. Having determined that genuine issues of fact do not exist, the court must then determine whether the moving party is entitled to judgment as a matter of law. Lindey’s, Inc. v. Professional Consult*265ants, Inc. (1990), 244 Mont. 238, 797 P.2d 920. We review the legal determinations made by a district court as to whether the court erred. Matter of Estate of Alcorn (1994), 263 Mont. 353, 868 P.2d 629. ISSUE

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