Reynolds v. United States

The United States District Court for the District of Montana, Billings Division, has certified to this Court the following two questions:

1. Does § 27-1-703, MCA (1995), which permits the trier of fact to apportion negligence against an injured worker’s employer or fellow employee, violate Article II, Section 16, of the Montana Constitution, which guarantees the right of full legal redress against liable third parties for injuries incurred in employment?

2. Can § 27-1-703, MCA (1995), be retroactively applied to a cause of action which arose prior to the effective date of the statute?

We…