Legal Opinion
Walters v. FLATHEAD CONCRETE PRODUCTS, INC.
Montana Supreme Court
Decided March 16, 2011No. DA 10-0185PublishedCited by 32 opinions
1Opinion of the CourtJustice Rice
¶1 The Eleventh Judicial District Court, Flathead County, granted summary judgment to Flathead Concrete Products, Inc. (FCP), on the grounds that § 39-71-411, MCA, the exclusive remedy provision of the Workers’ Compensation Act (WCA or Act), bars Carol Walters’ (Walters) survivorship and wrongful death claims against FCP arising from the work-related death of her son, Timothy Walters (Tim). The District Court also denied Walters’ motion for partial summary judgment asserting that § 39-71-411, MCA, and § 39-71-721(4), MCA, are unconstitutional. Walters appeals. We affirm.
¶2 We restate the…
2Cases cited25 opinions
- New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
- Plumb v. Fourth Judicial District CourtMontana Supreme Court · 1996
- Newville v. State, Dept. of Family ServicesMontana Supreme Court · 1994
- Stratemeyer v. Lincoln CountyMontana Supreme Court · 1996
- Powell v. State Compensation Insurance FundMontana Supreme Court · 2000
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3Cited by32 opinions
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