Nelson v. Cenex, Inc.

¶1 Gene Nelson appeals an order of the District Court for the First Judicial District, Lewis and Clark County, granting summary judgment in favor of Appellees and dismissing Nelson’s cause of action stemming from his asbestos-related injury. We reverse and remand for further proceedings consistent with this Opinion.

¶2 Nelson raises the following issues on appeal:

¶3 1. Did the District Court err when it declined to apply Gidley and the pre-1979 Montana Occupational Disease Act (the MODA) to afford Nelson a remedy in tort when no remedy exists under the workers’ compensation system?

¶4 2. If the…