Haux v. Montana Rail Link, Inc., 2004 MT 233, 322 Mont. 233

Summary

The Supreme Court of Montana held that Montana Code Annotated § 39-2-703 provides a statutory cause of action for railroad mismanagement, including mismanagement in handling an employee termination. The court nevertheless affirmed dismissal because the claim was subject to the two-year statute of limitations for liabilities created by statute and was filed more than two years after the plaintiff's termination. A justice specially concurred, stating that the statutory cause of action was controlled by stare decisis following Winslow v. Montana Rail Link.

Holdings

1. Montana Code Annotated § 39-2-703(1) provides an independent cause of action for damages caused by railroad employee mismanagement connected with the use and operation of the railway, including mismanagement in handling an employee termination.
2. Haux's claim was barred by the two-year statute of limitations for liabilities created by statute under Montana Code Annotated § 27-2-211(1)(c).

Questions Presented

1. Whether Montana Code Annotated § 39-2-703 provides an independent statutory cause of action for railroad mismanagement, including mismanagement in handling an employee termination.
2. Whether Haux's statutory mismanagement claim was barred by the two-year statute of limitations in Montana Code Annotated § 27-2-211(1)(c).

Disposition

affirmed