MALEK v. HANKINS

No. 95-104.

911 P.2d 1127 (1996)

Austin A. MALEK, Plaintiff and Appellant, v. Joe HANKINS, Defendant and Respondent.

Supreme Court of Montana.

Submitted December 19, 1995.

Decided January 30, 1996.


Attorney(s) appearing for the Case

John E. Seidlitz, Jr., Great Falls, for Appellant.

Charles R. Cashmore, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, for Respondent.


TURNAGE, Chief Justice.

Austin A. Malek appeals a judgment of the Twelfth Judicial District Court, Chouteau County, which granted Joe Hankins' motion for summary judgment on this claim of negligence in the workplace. We affirm.

The issue is whether the District Court erred in ruling that Hankins, an employee of Malek, Inc., cannot be deprived of his co-employee immunity from suit by the corporation's election not to provide workers' compensation coverage for...

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