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Saari v. Winter Sports2/25/2003
he court concluded there were no genuine issues of material fact related to the attractive nuisance claim and, based on the undisputed facts, the claim failed as a matter of law. The Saaris assert that genuine issues of material fact exist which preclude summary judgment on their attractive nuisance claim.
We concluded above that WSI is entitled to summary judgment on all counts of the Saaris' complaint--including the attractive nuisance claim--based on the immunity from liability provided by ยง 70-16-302, MCA. Consequently, there is no need to determine whether WSI is entitled to summary judgment on the attractive nuisance claim on any other basis and we decline to address this issue further.
Affirmed.
KARLA M. GRAY
We Concur:
JAMES C. NELSON
PATRICIA COTTER
JIM REGNIER
JIM RICE
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