Montana Supreme Court Update- Negligence, Duty of Care, Jury Questions- Lokey v. Breuner, 2010 MT 216


Montana Supreme Court held as follows:

1) Jury issue/question of fact whether driver waving to oncoming driver breached duty of care owed to bicyclist driving on right and whether driver legally caused bicyclist's injuries and damages;

2) Jury issue/question of fact whether bicyclist violated Montana statute prohibiting passing on right.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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