NO. 90-304 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

1990 

KATHLEEN D. BREUER, as Guardian of 

Perian T. Breuer, Natural Mother, 

and Guardian of Michael John Breuer, 

a minor child, 

Plaintiff and Respondent, 

JACK POE and CHARLOTTE POE, as Parents 

and Guardians of Jason G. Poe, FLERK 0°F SUPREfdE COURT 

STATE QP MONTANA a minor child, 

Defendants and Appellants. 

APPEAL FROM: District Court of the Fourth Judicial District, 

In and for the County of Missoula, 

The Honorable Jack L. Green, Judge presiding. 

COUNSEL OF RECORD: 

For Appellant: 

Timothy D. Geiszler, Geiszler and Newcomer; 

Missoula, Montana 

For Respondent: 

Dennis E. Lind; Datsopoulous, MacDonald and Lind; 

Missoula, Montana 

Filed: 

Submitted on Briefs: August 23, 1990 

Decided: September 20, 1990 

Clerk 
Justice R. C. McDonough delivered the Opinion of the Court. 

This is an appeal from a default judgment rendered by the 

Fourth Judicial District, Missoula County. The judgment imposed 

personal liability upon Jack and Charlotte Poe, guardians of Jason 

Poe, in the amount of $5,010.95. We reverse. 

The only issue relevant to this appeal is: 

Whether the District Court erred in rendering judgment against 

Jack and Charlotte Poe in their individual capacities. 

In 1988, Perian Breuer and Jason Poe, while minors, conceived 

a child in Missoula County, Montana in the year 1988. Shortly 

after the child's birth, Jason Poets parental rights were 

terminated. 

On July 7, 1989, Kathleen Breuer, as guardian of her daughter 

Perian, and grandson Michael [child of Perian and Jason] filed suit 

to recover medical costs incurred as a result of Michael's birth. 

Jack and Charlotte Poe were named in the complaint as guardians of 

their son Jason. 

The Poes filed a motion to dismiss the complaint. This motion 

was denied on December 29, 1989 and the trial court gave the Poes 

twenty days to file an answer to the complaint. Apparently, no 

answer was filed and the District Court rendered a judgment by 

default against the Poes individually on March 8, 1990. According 

to the judgment, they are personally liable for medical costs 

incurred by Perian Breuer in the amount of $3,709.37 together with 

costs in the amount of $75.00 and attorney's fees in the amount of 

$1,226.58, for a total sum of $5,010.95. This appeal followed. 
Both parties present several issues for our review including 

alleged procedural defects of the appeal, jurisdictional issues and 

the propriety of the award of attorney's fees. We will not address 

any of these issues,however. Our decision to vacate the judgment 

is dispositive of this entire appeal. 

As stated above Kathleen Breuer filed a complaint seeking 

reimbursement of medical costs incurred by her daughter Perian as 

a result of the birth of a child conceived by the daughter and 

Jason Poe. The complaint named Jason s parents, Jack and 

Charlotte, defendants, as guardians of their son. 

In their capacity as guardians, Jack and Charlotte Poe were 

charged with the duty of safeguarding Jason's rights during the 

legal proceeding initiated by Kathleen Breuer. See 39 Am.Jur.2d 

Guardian and Ward 5 1. However, this duty does not subject them 

to personal liability for the alleged wrongful acts of their son. 

Albert v. Stueber (Neb. 1979), 275 N.W.2d 612. 

Furthermore, the Poes were not given any notice that they were 

subject to personal liability. The title of the case as filed in 

District Court, the allegations contained in the complaint and all 

of the motions at trial address the Poes in their capacity as 

guardians. Given these facts, it is obvious that they were not 

notified of any likelihood of personal liability. Due process and 

fair play mandate against such occurrences. We therefore reverse 

and vacate the judgment entered against Jack and Charlotte Poe. 

Justice 4 
We Concur: 

g _?,w LqR 

Chief Justice