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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (227)

Full Text

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The claim for negligent retention focuses on Yellowstone County’s failure to terminate Hoefer once it learned that Hoefer was harassing women employees — i.e. Bruner’s predecessors. The factual basis of the negligent retention claim against Yellowstone County started before Bruner was even hired. Bruner presented deposition testimony from the county attorney indicating that he was concerned that Bruner’s two predecessors would file constructive discharge claims against the County based upon Hoefer’s conduct towards them. This testimony certainly raises a question of fact as to the County’s prior knowledge (i.e. foreseeability) sufficient to defeat a motion for summary judgment on the claim of negligent retention.