Skateboard lawsuit revived

The Montana Supreme Court has reversed a lower court’s decision in a woman’s lawsuit against the city of Columbia Falls.

The high court’s opinion, published on Tuesday, said Columbia Falls could be held responsible for the 2008 death of Casey Kent.

He died of head trauma after falling off his skateboard in Cedar Pointe Estates.

Kent’s widow, Sara Kent, sued in 2011 for damages. She claimed that multiple parties were negligent in the design and construction of the subdivision where Casey Kent had been skateboarding.

Kent’s original complaint alleged 10 counts that included negligence, wanton misconduct and wrongful death. She named the subdivision developer, engineer, the Cedar Pointe Homeowners Association, the city of Columbia Falls and even some landowners as defendants.

Civil proceedings took place in Flathead County District Court over three years. Kent reached settlements along the way with all of the defendants except for the city of Columbia Falls.

Kent alleged that the city had been deeply involved in overseeing the design of the subdivision and therefore liable for damages. She claimed that the steep pedestrian path in the subdivision posed an “unreasonably dangerous and hazardous condition,” according to the complaint.

By March 2014, District Judge Robert B. Allison had ruled in favor of the city on all counts. He found that the city’s actions did not constitute the “willful or wanton misconduct” alleged in one of the counts.

Almost immediately after the final judgment, Kent appealed to the Montana Supreme Court.

That court’s final opinion was written by Justice Patricia Cotter. She wrote that the District Court’s rationale for summary judgment was incorrect and the city’s involvement could constitute responsibility for an accident.

“Evidence sufficient to defeat summary judgment exists that the City was actively involved in the design of the path, knew of its dangerous grade, had the statutory authority to compel a modification and yet exercised its statutory and contractual authority to approve it,” Cotter wrote.

Casey Kent fell off his skateboard on a “steep and curved section” of the pedestrian path on June 2, 2008, according to court documents. He died 12 days later in the hospital. Five months after that, the Kents’ second daughter was born.

Sara Kent’s case to seek damages from the city will be revived in a Flathead County District Court trial. In the original complaint, Kent sought relief from past and future earnings, medical and other expenses, physical and emotional pain and “loss of enjoyment of his established course in life.”

A trial date has not been set.

Reporter Matt Hudson may be reached at 758-4459 or by email at mhudson@dailyinterlake.com.