Legal Opinion

Buerkley v. Aspen Meadows Ltd. Partnership

Montana Supreme Court

Decided May 17, 1999No. 98-190PublishedCited by 8 opinions

1Opinion of the CourtJustice Trieweiler

¶ 1 The plaintiff, Trevor Buerkley, filed suit in the District Court for the Thirteenth Judicial District in Yellowstone County to recover damages from the defendants, Aspen Meadows, Parkview Convalescent Care, and Bill McLain and Steve McLain, for an injury to his hand. The District Court awarded summary judgment in favor of the defendants. We reverse the judgment of the District Court.

¶2 The issue on appeal is whether the District Court erred when it concluded that the Workers’ Compensation Act was Buerkley’s exclusive remedy.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 Trevor Buerkley was hired by…

2Cases cited5 opinions

  1. Motarie v. Northern Montana Joint Refuse Disposal DistrictMontana Supreme Court · 1995
  2. Mead v. M.S.B., Inc.Montana Supreme Court · 1994
  3. Porter v. GalarneauMontana Supreme Court · 1996
  4. Stratemeyer v. Lincoln CountyMontana Supreme Court · 1996
  5. Bowen v. McDonaldMontana Supreme Court · 1996

3Cited by8 opinions

  1. Total Mechanical Heating & Air Conditioning v. EMPLOYMENT RELATIONS DIVISIONMontana Supreme Court · 2002
  2. Olson v. DaughenbaughMontana Supreme Court · 2001
  3. Nelson v. StukeyMontana Supreme Court · 1931
  4. Auto Parts v. Employment Relations Division Uninsured Employers' FundMontana Supreme Court · 2001
  5. Dahl v. Uninsured Employers' FundMontana Supreme Court · 1999

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