Massey v. Selensky

This is an appeal from the District Court of the Third Judicial District in and for the County of Deer Lodge, Montana, granting plaintiff partial summary judgment. We reverse and remand.

This the second time this case has been before the Court. See Massey v. Selensky (Mont. 1984), [212 Mont. 68,] 685 P.2d 938, 41 St.Rep. 1596. The parties have stipulated to the following facts: Plaintiff/respondent (Massey) and defendant/appellant (Selensky), both employed by the Anaconda Smelter, Anaconda, Montana, rode to work in Selensky’s pickup truck the morning of January 8, 1980. They entered the…