Quimbee logo
DMCA.com Protection Status

Bassett v. Lamantia

417 P.3d 299 (2018)

Case BriefRelatedOptions
From our private database of 34,000+ case briefs...

Bassett v. Lamantia

Montana Supreme Court

417 P.3d 299 (2018)

Facts

Officer Paul Lamantia (defendant) was chasing a suspect when the suspect ran into the backyard of Robert Bassett (plaintiff). Bassett stepped into his backyard to investigate. Lamantia, believing Bassett to be the suspect, tackled Bassett, tearing Bassett’s rotator cuff. Bassett filed a negligence lawsuit in state court against Lamantia, alleging that Lamantia had failed to exercise reasonable care in tackling Bassett. Lamantia removed the case to federal court. The district court granted summary judgment in favor of Lamantia, holding that the public-duty doctrine protected Lamantia from liability. The district court reasoned that Lamantia did not have a special relationship with Bassett and, therefore, did not owe Bassett a duty of care separate from the duty Lamantia owed the general public. Bassett appealed, arguing that Lamantia owed him an individual duty of care because he was injured by Bassett’s actions. The court of appeals certified the question to the Montana Supreme Court.

Rule of Law

Issue

Holding and Reasoning (McKinnon, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 608,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 608,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 608,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 34,000 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership