City sued for skateboard fatality in '08

The widow of a man who died following a skateboarding accident on a bike path in the Cedar Pointe subdivision has sued the city of Columbia Falls and others connected with the subdivision at the south end of Nucleus Avenue.

Sara Kent, who was married to Casey Kent when he died, filed a 10-count complaint in Flathead County District Court on June 1.

In her complaint, Kalispell attorney John Lacey claims the design, construction and approval of the path and trail system in the Cedar Pointe subdivision fails "to comply with applicable regulations and standards intended to insure the health and safety of those who would use it."

That includes failing "to meet applicable slope, clearance, sight-line, hazard barrier and signage requirements," the complaint says. Individually and collectively, those failures "create a multitude of unreasonably dangerous conditions, some hidden and lurking," the complaint says.

According to the plaintiff, Casey Kent suffered a significant head injury on June 2, 2008, in a fall that occurred as he skateboarded on a steep, curved section of the bike path. The ALERT helicopter transported him to Kalispell Regional Medical where he died 12 days later, leaving behind a child and a pregnant wife.

The suit names the city of Columbia Falls, which approved the subdivision; APEC Engineering Inc., which is the successor to Schwarz Engineering, the company that designed the subdivision; John Schwarz; Donald Gatzke, the principal owner and developer of the subdivision; the Cedar Pointe Homeowners Association; and John Does A-Z, which represents all landowners, contractors, engineers or others involved in the approval design, construction, maintenance or development of the subdivision.

In count one, Sara Kent claims the defendants negligently "failed to mitigate the high probability of injury including death." By not erecting or maintaining an adequate barricade, the defendants "knowingly invited Casey Kent's travel" on the path.

In count nine, an attractive nuisance claim, the plaintiff claims "children, in part because of their youth, and adults alike will be unable to discover or realize the dangerous condition of the Cedar Pointe subdivision path and trail system."

The plaintiff claims in the wrongful death suit physical and emotional pain and suffering, loss of past and future earnings, and medical expenses. In addition to monetary damages and legal fees, Kent seeks "abatement of the nuisance."

According to city manager Susan Nicosia, the city of Columbia Falls has liability coverage through the Montana Municipal Insurance Authority. Protection is determined by MMIA on a case-by-case basis.