Legal Opinion

Hopkins v. Uninsured Employers' Fund

Montana Supreme Court

Decided March 22, 2011No. DA 10-0403Published

1Opinion of the CourtChief Justice McGRATH

¶1 Russell Kilpatrick appeals the decision of the Workers’ Compensation Court (WCC), concluding that Brock Hopkins was employed by Kilpatrick, and Hopkins was acting in the course and scope of employment at the time of his injuries. We affirm.

BACKGROUND

¶2 Great Bear Adventures (the Park), is located near West Glacier, Montana. Visitors to the Park enjoy a drive-thru experience of bears in their natural habitat, surrounded by multiple layers of electrified fence. Kilpatrick owns the Park and lives on adjacent property. Hopkins began working there in 2002, doing various tasks, including…

2Cases cited4 opinions

  1. State v. Cody ClarkMontana Supreme Court · 2008
  2. Dale v. Trade Street, Inc.Montana Supreme Court · 1993
  3. Tinker v. Montana State FundMontana Supreme Court · 2009
  4. Michalak v. Liberty Northwest Ins. Corp.Montana Supreme Court · 2008

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