Oberson

I. CERTIFICATION OF QUESTIONS OF LAW

Pursuant to Rule 44(c) of the Montana Rules of Appellate Procedure, we respect fully request the Montana Supreme Court to exercise its discretion to adjudicate the following questions of Montana law:

1. Does the gross negligence standard of care in the snowmobile liability statute, Mont. Code ANN. § 23-2-653 (1996), violate the Montana equal protection clause, MONT. CONST, art. II, § 4?

2. If the snowmobile liability statute’s gross negligence standard is unconstitutional, does the recreational use statute’s willful or wanton misconduct standard of care, Mont. Code Ann. § 70-16-302 (1) (1996), apply in its place?

3. If neither the snowmobile liability statute nor the recreational use statute provide an applicable standard of care, does the ordinary care standard, Mont. Code Ann. § 27-1-701 , apply?

The answers to the certified questions will be determinative of the appeal pending in our court in this action. We have found no controlling Montana appellate decisions, constitutional provisions, or statutes for these questions. We acknowledge that your Court may decide to reformulate the questions, and that our phrasing of the questions is not…