Sherner v. Conoco, Inc.

¶ 1 Peter Sherner (Sherner) appeals from the order of the Thirteenth Judicial District Court, Yellowstone County, granting Respondent Conoco, Inc. (Conoco) summary judgment. We reverse and remand.

¶2 The two issues on appeal are:

I. What standard should be used to determine whether an employer’s act or omission is “intentional and malicious,” thereby allowing an injured worker to bring a tort action against his employer under § 39-71-413, MCA?

II. Whether it was error for the District Court to grant summary judgment in favor of Conoco.

*403FACTUAL BACKGROUND

¶3 In 1995, Shemer was an employee at the…