Day: August 15, 2015

Does a landowner have to warn pedestrians who are crossing the street on adjacent property about open and obvious conditions? In a recent case involving a pedestrian hit while jaywalking, the Montana Supreme Court held that no such duty existed. A passenger traveling to Arizona exited a bus at the Butte depot. She then jaywalked across a dark four-lane road and was struck by a car. There was a crosswalk a mere 100 feet from where she was injured. She and her husband sued the county that owned the depot, alleging that the county should have warned them not to cross the road at night. The trial court rejected this argument,