Legal Opinion

Sinclair v. Burlington Northern & Santa Fe Railway Co.

Montana Supreme Court

Decided December 16, 2008No. DA 07-0686PublishedCited by 15 opinions

1Opinion of the CourtJustice Cotter

¶1 Jason Sinclair (Sinclair) appeals the dismissal of his claims against Burlington Northern and Santa Fe Railway Company (BNSF) in the Eighth Judicial District, Cascade County. We affirm in part, reverse in part and remand for further proceedings consistent with this Opinion.

FACTUAL AND PROCEDURAL BACKGROUND

¶2 Sinclair was an employee of BNSF from 1994 to 2001. In December 2001, Sinclair reported to BNSF that he had sustained injuries during his employment. He attributed his injuries to a Freightliner FL-80 truck in which he rode regularly in order to perform his job. BNSF denied liability…

2Cases cited21 opinions

  1. Dice v. Akron, Canton & Youngstown RailroadSupreme Court of the United States · 1952
  2. Kernan v. American Dredging Co.Supreme Court of the United States · 1958
  3. Callen v. Pennsylvania RailroadSupreme Court of the United States · 1948
  4. Gary C. Lancaster v. Norfolk and Western Railway CompanyCourt of Appeals for the Seventh Circuit · 1985
  5. Boyd v. Grand Trunk Western RailroadSupreme Court of the United States · 1949

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3Cited by15 opinions

  1. Larson v. StateMontana Supreme Court · 2019
  2. Anderson v. Recontrust Co.Montana Supreme Court · 2017
  3. Marshall v. Safeco Ins. Co. of Ill.Montana Supreme Court · 2018
  4. Cheff v. BNSF Railway Co.Montana Supreme Court · 2010
  5. Ratliff v. Norfolk Southern Railway Co.West Virginia Supreme Court · 2009

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