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SMITH v. BUR. NORTHERN AND SANTA FE RY. CO.

No. DA 06-0649.

187 P.3d 639 (2008)

2008 MT 225

344 Mont. 278

Amelia M. SMITH by and through her mother and next friend Samantha R. Reinert, conservator and personal representative of the estate of Phillip David Smith, deceased, Plaintiff and Appellant, v. The BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Don Boespflug and Lance Vallone, Defendants and Appellees.

Supreme Court of Montana.

Decided June 20, 2008.

Attorney(s) appearing for the Case

For Appellant: A. Clifford Edwards, Triel D. Culver, John Heenan, Edwards, Frickle, Anner-Hughes & Culver, Billings, Montana.

For Appellee: Randy J. Cox, Matthew B. Hayhurst, Boone Karlberg, P.C., Missoula, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Amelia Smith appeals a decision of the Thirteenth Judicial District Court granting Burlington Northern and Santa Fe Railway Company's (BNSF) motion for partial summary judgment. We reverse the grant of summary judgment and remand for further proceedings consistent with this Opinion.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 On June 13, 2002, a twenty-six-year-old man named Phillip...

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