Tonner v. Cirian, 291 P.3d 1182

Tonner and Cirian collided at an uncontrolled intersection where Tonner entered from the left and Cirian from the right on adjacent streets.
Tonner alleged negligence including failure to maintain a proper lookout and to operate in a prudent manner, causing the crash.
Cirian moved for summary judgment under § 61-8-339, arguing the right-of-way absolved her of negligence as a matter of law.
The district court granted summary judgment, excluding evidence of a traffic citation and finding Tonner’s right-of-way violation the sole proximate cause.
On appeal, the Montana Supreme Court reviewed de novo and held genuine issues of material fact remained, including lookout duties and relative positions.
The court remanded for trial, recognizing potential comparative negligence between Tonner and Cirian.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Cirian can be negligent as a matter of law under § 61-8-339	Tonner: statute not sole basis; lookout and prudent operation still matter	Cirian: favored driver cannot be negligent under the statute	Not entitled; genuine issues of material fact exist
Whether there are material facts about lookout and position precluding summary judgment	Tonner: Cirian’s lookout and visibility are disputed	Cirian: record shows no immediate hazard or failure to look	Yes; factual disputes require trial

Roe v. Kornder-Owen, 282 Mont. 287, 937 P.2d 39 (1997) (favored driver may rely on right-of-way but must maintain lookout)
Spinler v. Allen, 1999 MT 160, 295 Mont. 139, 983 P.2d 348 (1999) (lookout and location of favored/disfavored drivers are material facts)
Reed v. Little, 209 Mont. 199, 680 P.2d 937 (1984) (comparative negligence framework for highway violations)
Payne v. Sorenson, 183 Mont. 323, 599 P.2d 362 (1979) (duty to look not only straight but laterally ahead)
Marcoff v. Buck, 179 Mont. 295, 587 P.2d 1305 (1978) (left-driver yield principle at uncontrolled intersections)
Giambra v. Kelsey, 2007 MT 158, 338 Mont. 19, 162 P.3d 134 (2007) (analysis of comparative negligence in intersection collisions)
Peterson v. Eichhorn, 2008 MT 250, 344 Mont. 540, 189 P.3d 615 (2008) (application of Reed framework to negligence in traffic cases)
Olson v. Shumaker Construction, 2008 MT 378, 347 Mont. 1, 196 P.3d 1265 (2008) (consideration of interplay between statutory duties and negligence)
City of Whitefish v. Jentile, 2012 MT 185, 366 Mont. 94, 285 P.3d 515 (2012) (comparative negligence considerations in municipal traffic context)
Hart-Anderson v. Hauck, 239 Mont. 444, 781 P.2d 1116 (1989) (admissibility of evidence and related standards in summary judgment context)