Lockwood v. W. R. Grace & Co.

Ruth Lockwood appeals from orders of the Nineteenth Judicial District Court, Lincoln County, granting W. R. Grace & Company’s motion to dismiss her complaint with prejudice and denying her motion to alter or amend the judgment. We affirm in part, reverse in part and remand.

We restate the issues on appeal as follows:

1. Did the District Court err in concluding that Gidley v. W. R. Grace & Co. does not permit Lockwood to escape the exclusivity of the Occupational Disease Act of Montana?

2. Did the District Court err in granting Grace’s motion to dismiss and in denying Lockwood’s motion to alter…