Williams v. Zortman Mining, Inc.

Gerry Williams appeals from the order of the Seventeenth Judicial District Court, Phillips County, granting Zortman Mining, Inc.’s motion to dismiss for failure to state a claim upon which relief can be granted, based upon the running of the statute of limitations. We affirm.

We consider the following dispositive issue on appeal:

Does the “savings statute,” § 27-2-407, MCA, apply to save Williams’ claim from being barred by the statute of limitations?

Gerry Williams (Williams) was employed by Zortman Mining, Inc. (Zortman), a wholly-owned subsidiary of Pegasus Gold Corporation, from 1978 until…