Fred Pessl, Plaintiff and Respondent v. Bridger Bowl, a Montana Corporation and Riblet Tramway Company, A… (Montana 1974)

Summary

The court reversed the judgment against Bridger Bowl and remanded for a new trial. It held that the Forest Service accident report was inadmissible hearsay because it was not properly authenticated as a business or official record and deprived the defendant of an opportunity to cross-examine its author; the report's admission was prejudicial. The court also held that a ski-lift operator owes reasonable or ordinary care, rather than the heightened duty applicable to a common carrier, making the jury instructions erroneous.

Holding

Admissibility of the Forest Service accident investigation report. The report was inadmissible because it was not shown to be a qualifying business record or official report, contained unsworn hearsay from a person unavailable for cross-examination, and was an altered or expurgated copy. Its admission over objection was prejudicial and required a new trial.

Duty of care owed by a ski-lift operator. A ski-lift operator owes its passengers reasonable or ordinary care, not the heightened duty imposed on a common carrier. The instructions characterizing Bridger Bowl as a common carrier and imposing the duty of utmost care were erroneous.

Summary

Holding

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