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Jury sides with Columbia Falls in civil case

Sam Wilson | Hagadone News Network | UPDATED 9 years, 7 months AGO
by Sam Wilson
| May 9, 2016 3:51 PM

The city of Columbia Falls is not responsible for the 2008 skateboarding death of Casey Kent, a Flathead District Court jury decided Monday.

The jury deliberated for just over an hour before reaching its verdict, following a trial spread over six days. Two members of the 12-person jury dissented.

The trial concluded with closing statements from attorneys representing the city and Casey Kent’s widow, Sara Kent, who sued the city in 2011. She alleged that Columbia Falls officials neglected their duty to ensure a paved trail in the Cedar Pointe Estates subdivision met safety standards.

Casey Kent was skateboarding with his cousin on June 2, 2008, when he fell at a section of the trail graded on a 24 percent slope. He suffered head trauma, fell into a coma and died 12 days later.

Columbia Falls City Manager Susan Nicosia was present at the defendant’s table throughout the trial and said afterwards she was pleased with the verdict. Nicosia was not the city manager at the time of the accident.

“Obviously the jury understood the case and we are grateful for that understanding,” Nicosia said. “It was a complicated case, with a lot of information, but they clearly understood it."

Both lawyers addressed the issue of personal responsibility during their closing statements.

Kent’s attorney, John Lacey, argued that the city was unwilling to admit having a hand in the approval and planning that led to the creation of the steep hill where Casey Kent fell.

“The city of Columbia Falls stepped into its zoning responsibility and it cannot escape, in that context, its obligation on all our behalves — its obligation to address public heath, safety and general welfare,” Lacey said. “This is about assuring that when the city has that responsibility, it does so with its eyes open.”

Lacey acknowledged that Casey Kent made a conscious decision to skateboard down the hill, but maintained that “his accident is not just a function of one person’s choice.”

In her closing, defense attorney Marcel Quinn again reminded the jurors of Casey Kent’s reputation as an accomplished athlete fond of skiing and snowboarding in steep terrain.

“Casey took on a challenge that day, and that challenge was that hill, that steep hill, and that was his choice to make,” Quinn said. “When does it not become about personal accountability and personal responsibility?”

She also argued that while the city approved the path, it did not weigh in on the specifics of the design, only approving the preliminary and final plats, as it would for any other subdivision.

“In those conditions, the city simply required the engineer to do what they said they would do,” she told the jury. “What you haven’t seen in this case is any evidence that says the city knew of any problem.”

The case returned to District Court after the Montana Supreme Court in May 2015 reversed the lower court’s earlier decision dismissing Kent’s complaints.

Kent’s widow originally sued Columbia Falls along with eight other parties. The other defendants settled their cases out of court.

Lacey declined to say whether Kent would appeal Monday’s verdict.

Reporter Sam Wilson can be reached at 758-4407 or by email at [email protected].

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