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WALTERS v. FLATHEAD CONCRETE PRODUCTS, INC.

No. DA 10-0185.

249 P.3d 913 (2011)

2011 MT 45

359 Mont. 346

Carol A. WALTERS, individually as the Mother to her deceased son, Timothy Dwayne Walters and as Personal Representative of the Estate of Timothy Dwayne Walters, Plaintiff and Appellant, v. FLATHEAD CONCRETE PRODUCTS, INC., a Montana Corporation and its successors, and Does 1-100, Defendant and Appellee.

Supreme Court of Montana.

Submitted December 14, 2010.

Decided March 16, 2011.

Attorney(s) appearing for the Case

For Appellant: Alan J. Lerner ; Lerner Law Firm; Kalispell, Montana, Sydney E. McKenna (argued); Tornabene & McKenna, PLLC; Missoula, Montana.

For Appellee: Todd A. Hammer ; Angela K. Jacobs (argued); Hammer, Hewitt, Jacobs & Floch, PLLC; Kalispell, Montana.

For Amici Curiae: Lawrence A. Anderson (argued); Attorney at Law, P.C.; Great Falls , Montana. Amy Eddy; Bottomly & Eddy Trial Attorneys, PLLP; Kalispell, Montana (Attorney for Montana Trial Lawyers Association (MTLA)), Bradley J. Luck (argued), Isaac M. Kantor ; Garlington, Lohn & Robinson, PLLP; Missoula, Montana, Steven W. Jennings ; Crowley Fleck, PLLP; Billings, Montana, (Attorney for Montana Defense Trial Lawyers Association (MDTL)), Kevin Braun , Curtis Larsen ; Special Assistant Attorneys General; Helena, Montana, (Attorneys for Montana State Fund).

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 The Eleventh Judicial District Court, Flathead County, granted summary judgment to Flathead Concrete Products, Inc. (FCP), on the grounds that § 39-71-411, MCA, the exclusive remedy provision of the Workers' Compensation Act (WCA or Act), bars Carol Walters' (Walters) survivorship and wrongful death claims against FCP arising from the work-related death of her son, Timothy Walters (Tim). The District...

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