The Montana Supreme Court ruled that the federal Employers Liability Act does not preempt an injured railroad worker's state law bad-faith claim.
Case: Dannels v. BNSF Railway Co., No. DA 19-0343, 03/23/2021, published.
Facts: Robert Dannels worked for the BNSF Railway Co. as a laborer and equipment operator.
In March 2010, Dannels was using a skid steer to remove snow from a parking lot in BNSF's Havre railroad yard when the vehicle collided with a steel wellhead concealed under the snow. The collision caused Dannels to suffer a back injury.
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