Legal Opinion
Gidley v. W.R. Grace & Co.
Montana Supreme Court
Decided April 14, 1986No. 85-414PublishedCited by 14 opinions
1Opinion of the CourtJustice Weber
Louise Gidley (wife), personal representative of deceased husband who allegedly died from asbestosis-related cancer, sought judgment against W.R. Grace & Company (Grace) under theories of wrongful death and misrepresentation. Upon motion by Grace, the Lincoln County District Court granted partial summary judgment dismissing the wrongful death action on the ground that the Montana Occupational Disease Act (MODA) provided the exclusive remedy. Wife appeals. We reverse and remand.
The sole issue on appeal is whether MODA was Mr. Gidley’s exclusive remedy against Grace.
In July 1977, husband worked…
2Cases cited7 opinions
- Yurkovich v. Industrial Accident BoardMontana Supreme Court · 1957
- Dorn v. Bd. of Trust. of Billings Sch. Dist.Montana Supreme Court · 1983
- Geary v. Anaconda Copper Mining Co.Montana Supreme Court · 1947
- Chisholm v. Vocational School for GirlsMontana Supreme Court · 1936
- Iverson v. Argonaut Insurance CompanyMontana Supreme Court · 1982
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lockwood v. W. R. Grace & Co.Montana Supreme Court · 1995
- Hardgrove v. Transportation InsuranceMontana Supreme Court · 2004
- Dvorak v. Montana State FundMontana Supreme Court · 2013
- Fleming v. International Paper Co.Montana Supreme Court · 2008
- Nelson v. Cenex, Inc.Montana Supreme Court · 2008
9 more not listed; retrieve them via the Exa API.