West Mont Held Liable in Group-Home Assault Case; Damages Headed to Trial
On Tuesday, January 27, 2026, a Montana district court ruled with MSWD Attorney Lin Deola and granted partial summary judgment on liability against West Mont in T.M.B. v. West Mont (Lewis and Clark County, DDV-2020-1599), meaning the case will move forward with the remaining focus on damages.
T.M.B. is a 61-year-old woman with Down Syndrome and other disabilities who was raped while living in a West Mont Group Home, a residential setting that provides services for developmentally disabled Montanans. T.M.B. had been under West Mont’s care and supervision for more than 30 years when, in July 2019, a West Mont direct support professional, Zane Frisbie, raped T.M.B. in her room.
Deola’s newest ruling follows a key decision by the Montana Supreme Court, which held West Mont owed T.M.B. a non-delegable duty arising from the “close relationship” and dependency associated with a group-home setting, and remanded the case for further proceedings consistent with that holding. On remand, West Mont argued that the doctrine should not resolve liability without a more traditional inquiry into West Mont’s own negligence, particularly given the criminal nature of the conduct.
Judge Abbott disagreed, explaining that the non-delegable duty framework focuses on whether the agent breached the duty of protection that West Mont owed, and the court quoted the principle that in this context “if the agent is at fault, then so is the principal,” relying on Restatement (Second) of Agency § 214. The court distinguished the difference between strict liability and liability under the non-delegable duty doctrine by noting that while liability is not “automatic” in every case, the record here makes the analysis feel close to strict liability because the facts are “so unforgiving.” There was no dispute about whether the agent breached the duty to protect and care for T.M.B. when he raped her.
With liability decided, the order leaves damages for trial at a future date.