Dennis Stokes, as Personal Representative of the Estate of Peter Andrew Carter, Plaintiff and Petitioner v. The…

Summary

The Montana Supreme Court granted supervisory control and reversed an order requiring the plaintiff to choose between negligence and strict-liability claims. It held that Montana's seatbelt statute does not bar evidence of seatbelt use or nonuse when the alleged injuries arise from a defect in the vehicle's occupant-restraint system, regardless of the legal theory pleaded. Because the case also involved alleged negligence by another driver, the court required a limiting jury instruction restricting the evidence to the restraint-system condition. No separate opinions were provided.