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KLEINHESSELINK v. CHEVRON, U.S.A.

No. 95-524.

920 P.2d 108 (1996)

Dan KLEINHESSELINK, Plaintiff and Appellant, v. CHEVRON, U.S.A., the Pittsburg & Midway Coal Mining Company, Manville Mining and Stillwater Mining Company, Defendants and Respondents.

Supreme Court of Montana.

Decided July 24, 1996.

Attorney(s) appearing for the Case

Donald W. Molloy; Molloy Law Offices, Billings, Adele P. Kimmel; Trial Lawyers for Public Justice, Washington, D.C., for Appellant.

Jeanne M. Bender, Patricia D. Peterman; Holland & Hart, Billings, for Respondents.

GRAY, Justice.

Dan Kleinhesselink (Kleinhesselink) appeals from an order of the Thirteenth Judicial District Court, Stillwater County, dismissing his complaint for failure to state a claim upon which relief can be granted. We reverse and remand.

The issue on appeal is whether the District Court erred in dismissing Kleinhesselink's complaint pursuant to Rule 12(b)(6), M.R.Civ.P., on the basis that the exclusivity clause of the Workers' Compensation Act bars...

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