· 3/20/2024
State v. R. Gibbons
Citations
- 545 P.3d 686
- 2024 MT 63
Syllabus
Opinion - Published - Justice McKinnon - Affirmed in Part, Reversed in Part and Remanded
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that when a court dismisses a pro se 19 plaintiff’s complaint, it must give the plaintiff leave to amend “[u]nless it is 20 absolutely clear that no amendment can cure the defect” in the complaint
- explaining FELA “plaintiffs are … required to prove traditional common law elements of negligence: duty, breach, foreseeability, and causation.”
- an employer “may not be held liable if it had no reasonable way of knowing that the hazard, which caused [Plaintiffs] injury, existed.”
- “An employer has a duty to provide his employees a safe place to work, but this duty cannot be absolute.... [RJailroads are not insurers of their employees.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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