Preview:

ROBERT R. WATTS, DANIAL K. NEWMAN, PAUL F. NARDELLA, DENNIS A.
THORSON, DANNA PARROW, and JACK LOWE,
Plaintiffs and Appellants,

v.
MONTANA RAIL LINK, INC., a Montana corporation, and LIVINGSTON REBUILD
CENTER, INC., a Montana corporation,
Defendants and Respondents.
No. 94-039.
Argued June 10, 1997.
Submitted June 12, 1997.
Rehearing Denied April 22, 1999.
Decided February 8, 1999.
Appeal from the District Court of Park County.
Sixth Judicial District. Honorable Kenneth R. Wilson, Judge.
Plaintiffs filed action alleging injuries during their employment by a company they claimed was part
of Montana Rail Link and sought damages under the Federal Employers Liability Act (FELA). The
District Court held that the plaintiffs were not employed by a common carrier by railroad for
purposes of coverage by FELA. Plaintiffs appealed. The Supreme Court, Justice Trieweiler, held
that: (1) based upon the facts, Montana Rail Link did control the employer's operations and the
district court erred when it ruled otherwise; and (2) the plaintiffs were, at the times they complained

file:///C|/Documents%20and%20Settings/cu1046/Desktop/opinions/94-039%20(02-08-99)%20Opinion.htm (1 of 30)4/9/2007 10:21:02 AM
they were injured, employees of Montana Rail Link, Inc., and therefore, covered by the Federal
Employers Liability Act.
Reversed.
JUSTICE GRAY dissenting, joined by CHIEF JUSTICE TURNAGE.
For Appellants: Monte D. Beck (argued) and John J. Richardson (argued), Beck &
Richardson; Bozeman.
For Respondents: Ronald B. MacDonald (argued) and Darla J. Keck; Datsopoulos,
MacDonald & Lind, P.C.; Missoula (for Montana Rail Link); Jon T. Dyre (argued); Crowley,
Haughey, Hanson, Toole & Dietrich, P.L.L.P.; Billings; and Kenneth D. Tolliver (argued);
Wright, Tolliver & Guthals, P.C.; Billings (for Livingston Rebuild Center).
JUSTICE TRIEWEILER delivered the opinion of the Court.

Download 06590b52-fccd-4371-ae26-43a3161d4c43.pdf

Montana Law