Langemo v. Montana Rail Link, Inc.

¶1 The Plaintiffs, Jeff and Carol Langemo, filed this action in the District Court for the First Judicial District in Lewis and Clark County to recover compensatory and punitive damages for injuries sustained by Jeff as a result of a collision between a Montana Rail Link locomotive and a four-wheel ATV driven by Jeff. The Plaintiffs moved for partial summary judgment that the Defendants were negligent per se for admittedly violating Montana’s whistle statute, § 69-14-562(7), MCA. Following a hearing, the District Court entered its Decision and Order in which it denied the Plaintiffs’ motion…