Isakson v. Burlington Northern Railroad
Isakson v. Burlington Northern Railroad
Opinion of the Court
delivered the opinion of the Court.
Larry Isakson alleges he was injured while working for Burlington Northern Railroad Company in Park County, Montana, where he also resides. On January 5, 1993, Isakson filed a complaint under the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51-60 (1994) in Cascade County. On January 12,1995, Burlington Northern moved for a change of venue under § 25-2-122(2), MCA, which provided specific venues for tort suits brought against nonresident corporations. On May 7, 1996, the Eighth Judicial District Court granted Burlington Northern’s motion for a change of venue to the First Judicial District Court, Lewis and Clark County. Isakson appeals from the order granting the change of venue.
Based on our ruling in Davis, the order granting the change of venue in this case is reversed, and this case is remanded to the District Court for proceedings consistent with our decision in Davis.
Reversed and remanded.
Dissenting Opinion
dissenting.
I dissent for the reason set forth in my dissent in Davis v. Union Pacific Railroad Company (Mont. April 16, 1997), No. 96-163.
Reference
- Full Case Name
- LARRY ISAKSON, Plaintiff and Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant and Respondent
- Status
- Published