Brohman v. State – Case Brief Summary (Montana)

In Brohman v. State (1988), 230 Mont. 198, 749 P.2d 67, the plaintiff, driving on a two-lane intermittently snow-packed road, passed another vehicle in a location where there was a hump in the road ahead of her and while it was snowing.

She ran head-on in to another vehicle.

The District Court held and the Supreme Court concurred that her negligence in passing under those circumstances greatly exceeded that of the State in not posing nopassing signs in the area. Brohman at 198, 68.

The Court held that where reasonable minds could not differ that the plaintiff's negligence exceeded that of the State of Montana where plaintiff's actions were a proximate cause of the accident, (when she passed without a clear view of the road in a no-passing zone and claimed the State was negligent for not having no-passing signs), the State was not liable.