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NO. 94-147
IN THE SUPREME COURT OF THE STATE OF MONTANA
1994

ROBERT C. BARTHULE, Plaintiff and Respondent,
v.

ROBERT KARMAN, Defendant and Appellant.
APPEAL FROM: District Court of the Sixteenth Judicial District, In and for the County of Rosebud,The Honorable Kenneth R. Wilson, Judge presiding.
COUNSEL OF RECORD: For Appellant: John A. Hauf, Hauf &
Forsythe,Billings, Montana For Respondent: John Houtz, Attorney at Law,Forsythe, Montana
Submitted on Briefs: November 17, 1994
Decided: December 20, 1994 Filed:


Justice Terry N. Trieweiler delivered the opinion of the Court.
Plaintiff Robert C. Barthule filed a complaint in the District Court for the Sixteenth Judicial District in Rosebud County in which Robert Karman was named as the defendant. Barthule alleged that he suffered an injury while working for Karman at a time when Karman was uninsured in violation of Montana's workers' compensation laws. The jury returned a verdict in Barthule's favor and awarded him $35,000 as damages. Karman appeals from the judgment entered pursuant to the jury's verdict. We affirm the judgment of the District Court.
The issues on appeal are restated as follows:
1.
Did the District Court err when it denied Karman's motion to change venue from Rosebud County to Yellowstone County?

2.
Did the District Court have subject matter jurisdiction of Barthule's independent cause of action against his uninsured employer?

3.
Was Barthule's claim barred by the statute of limitations?

4.
Was there substantial evidence to support the jury's verdict?

5.
Did the District Court abuse its discretion when it refused to give Karman's proposed jury instruction number ll?


6.
Did the District Court abuse its discretion when it refused Karman's proposed special verdict form?


FACTUAL BACKGROUND
In December 1990, Barthule began working as a ranch hand for Karman in Yellowstone County. Trial testimony indicated that it was a common practice for ranch hands to help neighboring farmers gather and brand cattle, hay, and perform other farm operations.
Barthule had, on several occasions, assisted neighbors while employed by Karman. For several days from July 16 to July 20, 1991, Barthule helped roundup cattle on the neighboring King Ranch. Barthule testified that on July 20, 1991, the last day of the roundup, he injured his knee. Barthule testified that he was riding in the back of a pickup while chasing a bull. The pickup struck and rolled over the top of the bull. As a result, Barthule was thrown forward. Afterward, he jumped out and helped remove the bull from under the truck. Barthule stated that he injured his knee either when: he fell in the truck; jumped out of the truck; or was trying to remove the bull from under the truck. Other witnesses recalled the incident differently and some did not recall that Barthule injured his knee at the time or in the manner Barthule testified.
After Barthule injured his knee, he quit working for Karman and was paid for the work he had completed. A copy of Barthule's
last paycheck indicated that it was paid for work performed during two-thirds of July 1991. Karman admitted that he was not insured against workers' compensation claims during that period of time.
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