Cheff v. BNSF Railway Co.

¶1 The Eighth Judicial District Court, Cascade County, granted Patrick Cheff s (Cheff) cross-motion for summary judgment, setting aside the settlement and release agreement (‘Release”) entered into between Cheff and Burlington Northern Santa Fe Railway Company (BNSF) upon grounds of mutual mistake of material fact, constructive fraud in the inducement, and lack of consideration. BNSF appeals the court’s invalidation of the Release. BNSF also appeals the court’s ruling prohibiting the use of statements contained in medical records to cross-examine Cheff about how he was injured. Finally, BNSF…