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· 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).

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