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Maney v. Louisiana Pacific Corp.12/28/2000
district court's denial of a motion to amend a pleading to determine whether the court abused its discretion. Hadford v. Credit Bureau of Havre, Inc., 1998 MT 179, 36, 289 Mont. 529, 36, 962 P.2d 1198, 36.
Section 39-71-411, MCA, provides, in part, that "an employer is not subject to any liability whatever . . . for any claims for contribution or indemnity asserted by a third person from whom damages are sought on account of [an employee's] injuries or death." Here, LP is the third "person" from whom Maney seeks damages on account of Fogleson's injuries and death. Having held above that Maney's claims against Cheff are barred by the exclusive remedy provision in ยง 39-71-411, MCA, we conclude that the statute also bars LP from asserting claims of indemnity and contribution against Cheff for those claims. Consequently, we hold that the District Court did not abuse its discretion in denying LP's motion for leave to file a cross-claim against Cheff.
Affirmed.
KARLA M. GRAY
We concur:
J. A. TURNAGE
TERRY N. TRIEWEILER
W. WILLIAM LEAPHART
JIM REGNIER
JAMES C. NELSON
Justice William E. Hunt, Sr.:
I dissent.
WILLIAM E. HUNT, SR.
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