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The Montana Standard

Negligence trial opens in Butte

By Justin Post - 08/27/2008

Relatives of an 86-year-old Butte woman who died in 2006 after falling on a sidewalk are asking a district court jury to award more than $500,000 to her estate.

Mary and Paul Sims sued Butte-Silver Bow and the state of Montana in 2007 on behalf of Mina Comer, who fell April 26, 2006, while walking on Harrison Avenue.

Comer died 12 days later. The lawsuit alleges the city-county and state were negligent in the maintenance of the sidewalk.

Paul Sims, who was Comer's son-in-law, and his wife are representatives of the woman's estate.

They are seeking more than $42,000 in medical bills, $3,500 in special damages and $500,000 for the estate, according to court filings.

Attorneys seated a jury Monday in Butte district court and delivered opening statements that afternoon. The trial continued Tuesday before Judge Brad Newman with testimony from the plaintiff.

Comer allegedly tripped and fell on Harrison Avenue in front of the former Ponderosa restaurant, now Universal Athletics.

Both the state and city-county deny claims they were negligent. There is also a dispute between the two government entities over who was responsible for maintaining the sidewalk.

The trial is expected to continue into next week.

— Justin Post,The Montana Standard


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