Without foreseeability of any danger of direct injury or any risk from an intervening cause, no duty exists; in the absence of duty, there is no negligence. City of Glendive, Mont. If we determine that genuine issues of fact do not exist, we must then determine whether the moving party is entitled to judgment as a matter of law. For these offenses, Dalton was disciplined with numerous detentions, parent-teacher conferences, in-school suspensions, and out-of-school suspensions. Under some circumstances, a duty to prevent a suicide may exist when someone is obligated to exercise custodial care over the eventual decedent, is in a position to know about the latter[ s] suicidal potential, and is lax with respect to taking preventive measures.
But suspension from athletic activities following a student s violation of school policy is an ordinary incident of school administration endemic in the relationship between a school and its students. He was appointed mayor in when the mayor at the time resigned. October 15, Filed: Roxanne Gourneau, acting individually and on behalf of Dalton, filed a complaint against Wolf Point, the State, and the District Superintendent, alleging that Dalton's death was the direct and proximate result of Wolf Point's negligence. Gourneau did not introduce any evidence indicating that any representative of the school, including Hamill, knew that Dalton presented a potential risk of suicide. Gourneau s complaint acknowledged that Dalton had no history of mental health problems or treatment. Paine advised Dalton that even if Hamill would not overturn the day suspension, Dalton could still appeal the suspension to the Wolf Point School Board. Homeowners Ass n v. If we determine that genuine issues of fact do not exist, we must then determine whether the moving party is entitled to judgment as a matter of law. Gourneau responded, Plaintiff cannot either admit or deny this Request. Golik was elected mayor in his own right in and re-elected in ; he held the post until his death. The district court granted summary judgment in favor of Wolf Point. Dalton was not subjected to any restraint on his personal liberty that triggered a custodial or special relationship. In Krieg, this Court affirmed summary judgment for a landlord when a tenant committed suicide because no duty could be established absent a custodial or special relationship. Gourneau did not present 9 evidence sufficient to show the existence of a special relationship that would support a duty to prevent the suicide. It is believed that Dalton told school aide Carol Wallette on November 23, [,] that he should go home and hang himself. There were households of which Dalton s previous three years at Wolf Point High were characterized by recurrent disciplinary problems, including frequent absences, physical altercations, theft, insubordination, and verbal harassment. On March 1 his three-wheeler went through the ice on Fort Peck Lake where he had been ice fishing and he drowned. Pretty On Top 6 v. Gourneau s other asserted issues of fact for example, whether Dalton fully understood Wolf Point s disciplinary policies or whether news on student suicides was readily available from local media sources fail for the same reason. Whether a legal duty is owed is a question of law. We noted in Krieg that [t]hese situations typically involve hospitals or prisons. Gourneau did not pursue the claims against the State of Montana and did not appeal the summary judgment order in favor of Hamill. Without an affidavit or other competent evidence to support her claim, Gourneau s assertion is conclusory and do[es] not raise a genuine issue of material fact. The first three of Gourneau s alleged factual issues whether Dalton actually possessed tobacco, whether Wolf Point disciplined students consistently, and whether Wolf Point disciplined Dalton consistently have no bearing on whether Dalton s suicide was foreseeable by Wolf Point. Then, on November 23, , a school counselor observed Dalton putting a can of chew in his pocket.
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