Raisler v. Burlington Northern Railroad

The United States District Court for the State of Montana has certified two questions to this Court from a federal action for personal *256injuries and a derivative third party suit for contribution or indemnity. The questions, as certified to us by the federal court, are:

1. When an injured employee sues a third party for damages and the third party joins the employer as a third party defendant seeking contribution or indemnity, is the assertion of Section 39-71-411, MCA, by the third party defendant employer as a defense, unconstitutional as it is applied to the third party plaintiff? Our answer…