BREKAING NEWS Court rules against appeal in deck collapse case

The Montana Supreme Court this week upheld a lower court decision holding that the city of Polson shared negligence in the 2004 deck collapse at Diamond Horseshoe Lounge and Casino.

In a 5-0 decision, the justices ruled against a Polson city appeal, ruling the District Court decision in favor of plaintiff Ryan Funke, stating that the court “did not abuse its discretion in allowing evidence” against the city.

Funke, a Polson resident injured in the collapse, filed suit and was won in District Court, after alleging that “the city negligently had inspected and approved plans for construction of the deck,” and that the city “failed to act upon a phone call from a citizen on the day of the collapse, “ the opinion from the Supreme Court said.

An Aug. 19, 2004 article in the Leader reported Funke “injured his ankles and his back” in the accident and was filing suit against the city and business Diamond Horseshoe Inc.

During a phone call the Funke’s Polson home this week, the answering party said Funke is currently enrolled in a police academy, and did not want to be bothered further to comment on the appeal’s outcome.

The July, 30, 2004 deck collapse injured more than 80 people and was blamed on dry rot due to several building code violations contributed to the collapse, an Aug. 5, 2004 Leader article reported.

Injuries to the patrons included broken hips, fractured elbows and back injuries. Emergency response teams throughout the county, along with ambulances from Columbia Falls and as far away as Missoula, responded to the scene just minutes outside of Polson’s Main Street, which was crowded with participants of the annual Flathead Lake Hoopfest tournament running that weekend.

According to Polson city records, the deck was originally built in 1990, but the building underwent two remodels in 1999, the article said. The spot occupied by Diamond Horseshoe Lounge and Grill at the time of the accident has since changed to Raleigh’s Bar and Grill.

Five lawsuits were immediately after the accident. Three more suits, including Funke’s lawsuit naming the city of Polson as a defendant, was reported as being filed in the Aug. 19 issue of the Leader. Former Polson resident Tyson Dupuis also filed a suit in 2004 naming Polson as a defendant.