# Bruner v. Yellowstone County

> Montana Supreme Court · August 3, 1995 · 272 Mont. 261

URL: https://www.frixlaw.com/law-library/cases/9509715

## Case

- **Full name:** WENDI BRUNER, Plaintiff, Appellant, v. YELLOWSTONE COUNTY, a BODY POLITIC, YELLOWSTONE COUNTY ATTORNEY, DENNIS PAXINOS, SR., MICHAEL S. MATTHEW, H. ELWOOD ENGLISH, AND ITS FORMER DEPUTY COUNTY ATTORNEY, DAVID W. HOEFER, Defendants, Respondents
- **Court:** Montana Supreme Court
- **Decided:** August 3, 1995
- **Citations:** 272 Mont. 261; 52 State Rptr. 699; 900 P.2d 901; 10 I.E.R. Cas. (BNA) 1578; 1995 Mont. LEXIS 162
- **Precedential status:** Published
- **Opinion:** Concurrence by Nelson
- **Judges:** Weber, Leaphart, Turnage, Gray, Nelson, Hunt, Trieweiler
- **Cited by:** 210 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9509715

## Opinion text

JUSTICE NELSON
specially concurs.
I concur with the result reached in our opinion because I am satisfied that application of our decision in Harrison v. Chance (1990), 244 Mont. 215 , 797 P.2d 200 , mandates that result. I do not, however, read our opinion as a refusal to recognize the tort of negligent retention in a case involving different underlying facts. As far as I am concerned, that issue remains to be decided in the future.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9509715. Public record. Not legal advice.