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Winslow v. Montana Rail Link9/6/2005
Submitted on Briefs: June 8, 2004
This case involves claims of negligent management resulting in discharge from employment brought by Gary Winslow (Winslow) against Montana Rail Link, Inc. (MRL), in the First Judicial District Court, Lewis and Clark County. The District Court initially dismissed Winslow's claim for lack of jurisdiction, which was reversed by this Court in Winslow v. Montana Rail Link, Inc., 2000 MT 292, 27, 302 Mont. 289, 27, 16 P.3d 992, 27 (Winslow I). After remand, the case went to trial and the jury concluded that MRL had acted negligently and awarded Winslow compensatory damages. The jury further determined that punitive damages should be assessed, but specifically found that MRL had not acted with malice regarding its termination of Winslow's employment, an apparent inconsistency. The District Court then ruled that, pursuant to § 27-1-221, MCA, a finding of malice is a prerequisite for imposition of punitive damages, and dismissed the jury without allowing deliberation on punitive damages. Winslow appeals from the rulings of the District Court, but does not challenge the jury's verdict on his negligence claim and the damages awarded thereunder. He seeks only "a new trial limited to a determination of the amount of punitive damages." Additionally, Winslow asks this Court to grant attorney fees and sanctions.
Given this posture of the case, we conclude it is unnecessary to address a number of issues Winslow has raised on appeal, as they are directed to the trial and the unchallenged verdict on Winslow's negligence claim, including whether MRL: (1) made misrepresentations to the jury; (2) interjected collateral sources; (3) presented an unlawful defense that its compliance with the grievance procedure under the collective bargaining agreement absolved it of liability; and whether the District Court: (4) deprived Winslow of his right to present evidence that MRL had an ongoing hidden business plan designed to discourage the reporting of work-related injuries; and (5) failed to instruct the jury that an award of interest could be awarded pursuant to § 27-1-212, MCA.
MRL cross-appeals from the District Court's denial of its summary judgment and Rule 50(b), M.R.Civ.P., motions. We affirm all issues.
The following issues are dispositive on appeal:
Did the District Court err in denying MRL's summary judgment and Rule 50(b) motions by incorrectly concluding that § 39-2-703, MCA, provides Winslow with a statutory cause of action?
Did the District Court err in denying MRL's motion for summary judgment and its subsequent Rule 50(b) motion on the merits of Winslow's negligent management claim?
Did the District Court err by not allowing the jury to deliberate on the amount of punitive damages?
Did the District Court abuse its discretion in concluding that MRL properly responded to discovery and should not be subject to sanctions?
FACTUAL AND PROCEDURAL BACKGROUND
Winslow, who is a member of the Brotherhood of Locomotive Engineers (BLE) labor union, obtained employment at MRL as a switchman in 1988. The terms of Winslow's employment agreement were governed by a Collective Bargaining Agreement (CBA) between BLE and MRL. The CBA provided that Winslow, after completing the probationary period, could not be dismissed absent just cause and without an impartial fact-finding hearing, which included mandatory procedures concerning the assessment of discipline and subsequent internal appeals. In addition, MRL required its employees to be honest, and to report all information related to on-duty and off-duty injuries affecting job performance.
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