Wise v. CNH AMERICA, LLC

¶1 Matthew Wise (Wise) appeals from a decision of the Eleventh Judicial District, Flathead County, granting L.H.C., Inc.’s (LHC) motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6), M.R.Civ.P.

¶2 We review whether the District Court properly granted LHC’s motion to dismiss.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 Wise suffered an injury in April of 2003 while operating heavy equipment during his employment with LHC. Wise filed a complaint on November 9, 2004, alleging that negligence on the part of LHC caused his accident. Wise also alleged various claims against CNH America,…