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MICKELSON v. MONTANA RAIL LINK, INC.

No. 98-014.

999 P.2d 985 (2000)

2000 MT 111

James A. MICKELSON, Individually, and Vickie Mickelson, Individually, and on Behalf of Her Minor Children, Andrew James Mickelson, Scott Allen Mickelson, and Tyler James Mickelson, Plaintiffs and Appellants, v. MONTANA RAIL LINK, INC., Defendant and Respondent.

Supreme Court of Montana.

Submitted February 1, 1999.

Decided April 28, 2000.

Attorney(s) appearing for the Case

John C. Hoyt (argued), Kurt M. Jackson (argued), Hoyt & Blewett, Great Falls, Montana, for Appellant.

Ronald B. MacDonald (argued), Darla J. Keck (argued), Datsopoulos, MacDonald & Lind, Missoula, Montana, for Respondent.

Peter F. Habein, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Montana (Montana Defense Trial Lawyers); Patricia O'Brien Cotter, Cotter & Cotter, Great Falls, Montana (Montana Trial Lawyers Association), for Amici.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Jim and Vickie Mickelson along with their minor children (collectively referred to as "the Mickelsons") brought this action against Montana Rail Link, Inc. (MRL) to recover personal injury damages for the injuries Jim Mickelson (Jim) suffered in a railroad grade crossing accident and for loss of consortium damages suffered by Vickie Mickelson (Vickie) and their three minor children. The case went...

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