The United States District Court, District of Montana, issued identical decisions in three with the following similarly situated plaintiffs (collectively as “plaintiffs” ) and defendant BNSF Railway Company (BNSF):
- Lloyd E. Underwood (CV-17-83-GF-BMM-JTJ);
- Carrie Sue Murphy-Fauth (CV-17-79-GF-BMM-JTJ);
- Consuela Deason, as Personal Representative for the Estate of James E. Deason (CV-17-76-GF-BMM-JTJ).
In each case, BNSF filed a motion to dismiss for failure to state a claim (among other arguments). Here, BNSF argued that the plaintiffs failed to allege that BNSF owed the plaintiffs a duty of …
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