Faulconbridge v. State

1 Elisha Kay Faulconbridge (Elisha) died on August 8, 1992, as a result of injuries she received as a passenger in a motorcycle accident that occurred on Juniper Drive in Missoula County, Montana. Elishas parents, Alan Ray Faulconbridge and Bernice Kay Faulconbridge (the Faulconbridges), individually and on behalf of Elishas estate, filed a wrongful death and survivorship action against the State of Montana (State), Missoula County (County), and Montana Rail Link (MRL) in September 1994. The Faulconbridges proceeded to trial in January and February 2004, against the State only. A jury returned a verdict in favor of the State following a ten-day trial. The Faulconbridges appeal. The State cross-appeals in the event this Court grants a new trial. We affirm in part, reverse in part, and remand for a new trial.