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Sitzman v. Schumaker

718 P.2d 657, 221 Mont. 304 (1986)

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Sitzman v. Schumaker

Montana Supreme Court
718 P.2d 657, 221 Mont. 304 (1986)

Facts

James Sitzman (plaintiff) worked on the ranch of Jake Schumaker (defendant) as a general laborer. Schumaker and James did not get along. One day, after a minor disagreement, Shumaker hit James several times in his face. James pushed Shumaker to the ground, and Shumaker threatened James with a pipe. James asked Shumaker not to hit him and began to walk away. Shumaker hit James on the back of his head and then the front of his head with the pipe, fracturing James’s skull and rendering him unconscious. After James’s claim for workers’-compensation benefits was allowed, James filed a claim for civil damages against Schumaker. James’s wife, Barbara Sitzman (plaintiff), also filed a civil action against Shumaker for loss of consortium, among other things. The trial court granted Schumaker’s motion for summary judgment, holding that because James had already applied for and received workers’ compensation, workers’ compensation was the exclusive remedy for claims against Shumaker. The trial court reasoned that Montana Code Annotated (MCA) § 39-71-411, which provided for workers’-compensation exclusivity for all employers covered by or who elect to be covered by the workers’-compensation act, made workers’ compensation an exclusive remedy for workplace accidents. The Sitzmans appealed.

Rule of Law

Issue

Holding and Reasoning (Harrison, J.)

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