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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While this letter suggests the possibility that the County Attorney had knowledge of Hoefer’s conduct prior to the date of his dismissal, such facts are not material to the resolution of the summary judgment issue. Summary judgment is appropriate where a plaintiff fails to set forth facts which would establish each element of the alleged cause of action. Dvorak v. Matador (1986), 223 Mont. 98, 727 P.2d 1306. Plaintiff merely argues that the defendants knew before her resignation that Hoefer was causing problems. In itself that letter fails to establish the elements of the tort of negligent retention.

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