Legal Opinion
Smith v. Burlington Northern & Santa Fe Railway Co.
Montana Supreme Court
Decided June 20, 2008No. DA 06-0649PublishedCited by 45 opinions
1Opinion of the CourtJustice Cotter
¶1 Amelia Smith appeals a decision of the Thirteenth Judicial District Court granting Burlington Northern and Santa Fe Railway Company’s (BNSF) motion for partial summary judgment. We reverse the grant of summary judgment and remand for further proceedings consistent with this Opinion.
FACTUAL AND PROCEDURAL BACKGROUND
¶2 On June 13,2002, a twenty-six-year-old man named Phillip Smith was killed when his automobile collided with a BNSF train at the Hesper railroad crossing outside of Billings, Montana. On August 25, 2004, his daughter, appellant Amelia Smith (Smith), filed a wrongful death and…
2Cases cited45 opinions
- Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
- Hal Roach Studios, Inc., a Delaware Corporation v. Richard Feiner and Company, Inc., a New York CorporationCourt of Appeals for the Ninth Circuit · 1990
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Bias v. MoynihanCourt of Appeals for the Ninth Circuit · 2007
- Green v. Bock Laundry MacHine Co.Supreme Court of the United States · 1989
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3Cited by45 opinions
- Giacomelli v. Scottsdale InsuranceMontana Supreme Court · 2009
- McClue v. Safeco InsuranceMontana Supreme Court · 2015
- Beneficial Maine Inc. v. CarterSupreme Judicial Court of Maine · 2011
- PPL MONTANA, LLC v. StateMontana Supreme Court · 2010
- In Re the Estate of HarmonMontana Supreme Court · 2011
40 more not listed; retrieve them via the Exa API.