Silva v. City of Columbia Falls

Appellant Joe Silva (Silva) appeals from an order of the Eleventh Judicial District Court, Flathead County, granting summary judgment to the City of Columbia Falls, Montana (the City). We affirm.

On January 15, 1989, Silva, a Columbia Falls police officer, suffered an industrial injury to his left thigh when he was kicked by an individual he was attempting to arrest. Silva was immediately eligible for workers’ compensation because the injury occurred while he was on duty, and he has received benefits under the Workers’ Compensation Act since the date of his injury. It appears that in…