Section 49-z-501

Citation: Section 49-z-501
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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is suing       Yellowstone                 County,         not for         Hoefer's        conduct,        but for         the
County's       own negligence                      in retaining             Hoefer       in a position                 where,
given       his        prior             history          of      harassing           other        women,         it       was
foreseeable            that        he would harass                  Bruner.
           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.

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