Bartholomay v. Plains Grain & Agronomy, LLC

CROTHERS, Justice.

[¶ 1] Penny Bartholomay, individually for herself and the heirs of her deceased husband, Jon Bartholomay, appeals from a judgment dismissing her wrongful death action against Jon Bartholomay’s former employer, Plains Grain & Agronomy,. LLC. We affirm, because the facts alleged do not provide a genuine issue of material fact to avoid the exclusive remedy provisions of the Workforce Safety and Insurance Act.

I

[¶ 2] On January 18, 2013, Jon Bartho-lomay was loading grain into railcars at the Sheldon Grain Elevator as an employee of Plains, which was an insured employer-under the…