BOARD OF COUNTY COMMISSIONERS OF TETON COUNTY V. BASSETT
8 P. 3d 1079 (2000)
NATURE OF THE CASE: Board (Ds) challenged a judgment, based upon a jury verdict, finding
that Ds' law enforcement officers were negligent in pursuing a crime suspect at high speeds,
in failing to warn Bassett (P) of the danger, and in operating a roadblock along a highway.
FACTS: The police were engaged in stopping Ortega who had lead them on a high speed
chase. They eventually had to establish a road block with spikes. As this was going on,
Coziah and Bassett were on the way home from fishing and as they approached Moran Junction
they passed several officers who were right in the road. None of them made any effort to
warn Ps of the hazardous situation developing on Highway 89 onto which Ps turned their
vehicle. As they approached the road block surprised officers tried frantically to get them
to go through as a deputy moved his car for their passage. The officers knew that Ortega had
previously tried to cause an accident to hinder police pursuit. Ortega was approaching at
100 mph and went through the same opening made by the police car and smashed into Ps' car. P
was going 30 mph. Ps were injured and Ortega was arrested. Ps got a verdict and the jury
gave fault as follows 0% to Ps, 40% to the Highway Patrol, 20% to the Sheriff's officers,
and 40% to the National Park Service. This appeal was taken. The issue was whether Ortega's
willful and wanton conduct should have been included among the fault allocations. The
district court held that Ortega's willful and wanton or intentional conduct could not be
compared with the conduct of Ds. The jurisdiction uses a fault standard that also eliminated
joint and several liability.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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