BROWN v. EHLERT

No. 91-472.

841 P.2d 510 (1992)

Michael R. BROWN, Plaintiff and Appellant, v. Wes EHLERT, Defendant and Respondent.

Supreme Court of Montana.

Decided November 12, 1992.

Rehearing Denied December 10, 1992.


Attorney(s) appearing for the Case

Torger S. Oaas, Lewistown.

Robert L. Johnson, Lewistown.


GRAY, Justice.

This is an appeal from an Order of the Tenth Judicial District Court, Fergus County, granting respondent's motion for a new trial. We reverse.

The issue before us is whether the District Court abused its discretion in granting a new trial. Resolution of the issue necessitates a determination of whether workers' compensation exclusivity and co-employee immunity are affirmative defenses or matters of subject matter jurisdiction.

Appellant...

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