Legal Opinion

Kalanick v. Burlington Northern Railroad

Montana Supreme Court

Decided March 9, 1990No. 89-350PublishedCited by 12 opinions

1Opinion of the CourtJustice Sheehy

Burlington Northern Railroad Co. appeals from a judgment entered in the District Court, Eighth Judicial District, Cascade County, awarding Richard Kalanick $431,450. We affirm the District Court.

The issues raised by Burlington Northern (B.N.) are:

1. Did the District Court err in striking the defense of contributory negligence and instructing the jury that Kalanick was not negligent as a matter of law?

2. Did the trial court err by allowing evidence of a similar injury to be admitted?

3. Did the trial court err by reading a portion of an instruction it had previously denied?

4. Did the trial…

2Cases cited24 opinions

  1. Tiller v. Atlantic Coast Line RailroadSupreme Court of the United States · 1943
  2. Atchison, Topeka & Santa Fe Railway v. BuellSupreme Court of the United States · 1987
  3. Kernan v. American Dredging Co.Supreme Court of the United States · 1958
  4. Grunenthal v. Long Island Rail RoadSupreme Court of the United States · 1968
  5. Stanley F. Taylor v. Burlington Northern Railroad CompanyCourt of Appeals for the Ninth Circuit · 1986

19 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Cottrell v. Burlington Northern RailroadMontana Supreme Court · 1993
  2. Faulconbridge v. StateMontana Supreme Court · 2006
  3. Lutz v. National Crane Corp.Montana Supreme Court · 1994
  4. Kissock v. Butte Convalescent CenterMontana Supreme Court · 1999
  5. Cheff v. BNSF Railway Co.Montana Supreme Court · 2010

7 more not listed; retrieve them via the Exa API.

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