Flathead County named defendant in wrongful death lawsuit

A lawsuit has been filed against Flathead County over the death of a Kalispell man who was struck by a county-owned semi-truck near Creston in November.

Brandon Eric Roberts, 45, died after being hit while attempting to secure a load on a trailer after pulling to the side of the road on Dyer Road near the intersection with Montana 35. Allison Sweem, Roberts’ wife, has filed the lawsuit on behalf of his estate in Flathead District Court claiming that the county was negligent in Roberts’ death.

The lawsuit claims that Roberts was “severely and fatally injured” when the semi-truck owned by the county and driven by one of its employees crushed Roberts by twice driving over him.

Attorney Paul Sandry, of Johnson, Berg & Saxby, PLLP in Kalispell, says in documents that the county and its employees failed to exercise reasonable care to prevent Roberts’ injuries causing him to suffer an “excruciatingly painful death.”

The county, in court documents, denies any wrongdoing, saying that Roberts’ injuries were caused by his own “comparative negligence.” The county is asking that the case be dismissed with prejudice, meaning that the lawsuit couldn’t be filed again with the same claim.

Authorities at the time of the incident said that on Nov. 15, 2021, Roberts was driving a Dodge pickup with a trailer when he pulled to the side of the road and then stepped out of the vehicle to strap down a load. Crews were doing gravel work on the road nearby. The driver of a Caterpillar semi-truck loaded with gravel was backing down Dyer Road when the semi contacted the rim of Roberts’ truck.

The semi-truck driver stopped upon contact and found Roberts on the ground, according to the Montana Highway Patrol at the time. Roberts was pronounced dead at the scene.

In the lawsuit, Roberts’ estate is seeking compensation for medical, funeral and other expenses related to his injury and death. Also for lost earnings and earning capacity, as well as compensation for Roberts’ pain and suffering and that of his surviving spouse.

As a result of Roberts’ death, his wife has “experienced great grief and sorrow and the loss of the society, comfort, companionship, love and affection of her beloved husband,” the suit says.

The county is being represented in the case by attorney Mitchell Young with the Montana Association of Counties Defense Services.

In court documents, Young says that the county is immune from punitive damages under state law and argues that if Roberts’ was injured — or any loss occurred — that was caused by the acts of others and is not the result of actions by the county.

Features Editor Heidi Desch may be reached at 758-4421 or hdesch@dailyinterlake.com.