A Montana county was sued after a 2021 motorcycle crash and reportedly agreed to pay an injured rider $72,500 in an out-of-court settlement.
The county did not officially admit that it had breached its duty of care to maintain the road, thereby allowing a series of large potholes to form. However, the local authorities agreed to settle the case out of court.
The Accident
On August 15, 2021, Patrick Tomas, a then-resident of Tacoma, WA, was riding his motorcycle on Pine Creek Road in Park County, MT. At one point, the rider reached a road section with a series of deep potholes that caused his motorcycle to lose balance and overturn.
The fall sent Tomas flying from his bike. Upon impact with the road surface, he hit his head, chest, and left shoulder, injuring his head and left arm and fracturing his collarbone. His motorcycle also suffered extensive damage.
The Complaint
Tomas filed a complaint with the Montana Sixth Judicial District Court on April 13, 2022.
In it, he alleged that Park County failed to maintain Pine Creek Road properly. By allowing potholes to form at the accident scene and not fixing them, the county had been negligent and violated its duty of care to prevent reasonably foreseeable motorcycle accidents.
According to the complaint, the local authorities had also been negligent in failing to place signs warning motorists of the compromised road section.
It was reasonably foreseeable in the circumstances, Tomas claimed, that a motorcyclist would strike one or more potholes and suffer personal injuries, experience damage to their vehicle, or both.
Tomas sought payment from the county, including compensation for his medical bills and all damages recoverable under Montana law and any other relief, including legal costs, that may be available and suitable.
The County’s Response
In its response from June 20, 2022, the Montana county sued after the motorcycle crash conceded there were potholes on Pine Creek Road and that Tomas had lost control of his bike and suffered “some” injuries. However, the local authorities denied the remaining allegations regarding the purported breach of duty.
The county also maintained that Tomas’ complaint was barred by the so-called public duty doctrine. Under this doctrine, public officials are under no duty to safeguard individuals from harm caused by third parties absent a special duty or relationship.
Finally, Park County claimed that Tomas was comparatively negligent by failing to take reasonable care to prevent or mitigate his injuries and other damage he suffered. Under Montana’s comparative negligence laws, an at-fault driver or motorcyclist cannot recover compensation if they were more than 51% at fault for their injury.
The Settlement
The court expedited the case, ordering the injured rider and the Montana county to select a settlement master or mediator by April 14, 2023. No trial would take place until and unless the parties attempt a master-supervised settlement conference or mediation.
While the details of the settlement negotiations are confidential, the plaintiff’s attorney announced that Park County had paid Tomas $72,500 for his medical treatment and other losses in exchange for dropping the complaint.
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At Law Tigers, we are a nationwide network of motorcycle accident attorneys who ride and advise injured bikers and their families. We can review your case and advise whether you can seek payment from your insurance company or another party. If you choose to pursue compensation, our experienced legal team will support you at every turn. Call us at 1-888-863-7216 today for a free case evaluation.
