Blain v. Stillwater Mining Co.

¶1 Plaintiff, Lori Blain, as personal representative of the estate of Gary Everhard, filed a Complaint and Jury Demand asserting wrongful death, personal injury and survival action in the Thirteenth Judicial District Court, Yellowstone County. Defendants, Stillwater Mining Company and Robert Aafedt, answered the complaint and subsequently filed Motions for Summary Judgment pursuant to Rule 56, M.R.Civ.P. On June 5, 2003, the District Court granted both Defendants’ Motions for Summary Judgment. It is from this Order that Blain appeals. We affirm.

BACKGROUND

¶2 On March 13,2000, Gary Everhard…