Tyrrell v. BNSF Railway Co.

2016 MT 126, 373 P.3d 1, 383 Mont. 417, 2016 Mont. LEXIS 412
CourtMontana Supreme Court
DecidedMay 31, 2016
DocketDA 14-0825
StatusPublished
Cited by10 cases

This text of 2016 MT 126 (Tyrrell v. BNSF Railway Co.) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tyrrell v. BNSF Railway Co., 2016 MT 126, 373 P.3d 1, 383 Mont. 417, 2016 Mont. LEXIS 412 (Mo. 2016).

Opinions

JUSTICE SHEA

delivered the Opinion of the Court.

¶1 The plaintiffs in these consolidated appeals, Robert Nelson and Kelli Tyrrell (Tyrrell), as Special Administrator of the Estate of Brent Tyrrell (Brent), pled violations of the Federal Employers’ Liability Act [419]*419(FELA), 45 U.S.C. §§ 51 through. 60, for injuries allegedly sustained while Nelson and Brent were employed by BNSF Railway Company in states other than Montana. Both actions were brought in the Thirteenth Judicial District Court, Yellowstone County. BNSF moved to dismiss both plaintiffs’ claims for lack of personal jurisdiction. Judge Michael G. Moses, presiding over Tyrrell’s action, denied BNSF’s motion to dismiss. Judge G. Todd Baugh, presiding over Nelson’s action, granted BNSF’s motion to dismiss. BNSF appeals Judge Moses’ order, and Nelson appeals Judge Baugh’s order. The issues on appeal are:

1. Whether Montana courts have personal jurisdiction over BNSF under the FELA.
2. Whether Montana courts have personal jurisdiction over BNSF under Montana law.

¶2 We hold that Montana courts have general personal jurisdiction over BNSF under the FELA and Montana law. We affirm Judge Moses’ order denying BNSF’s motion to dismiss Tyrrell’s complaint. We reverse Judge Baugh’s order granting BNSF’s motion to dismiss Nelson’s complaint. We remand both cases for further proceedings consistent with this Opinion.

PROCEDURAL AND FACTUAL BACKGROUND

¶3 In March 2011, Nelson, a North Dakota resident, sued BNSF to recover damages for knee injuries he allegedly sustained while employed by BNSF as a fuel truck driver. BNSF is a Delaware corporation, and its principal place of business is Texas. Nelson’s complaint did not allege that Nelson ever worked in Montana or was injured in Montana.

¶4 BNSF filed a M. R. Civ. P. 12(b)(2) motion to dismiss Nelson’s complaint for lack of personal jurisdiction. Judge Baugh granted BNSF’s motion, stating: “I believe 3 Judges in this District have faced similar Motions which they have denied based on applicable precedent. Their rulings seem sound but do not look at whether based on common sense it may be time to reassess FELA cases in Montana which have no forum related connection.” Judge Baugh then relied upon a recent United States Supreme Court decision, Daimler AG v. Bauman,_ U.S. _, 134 S. Ct. 746 (2014) (discussed in our resolution of Issue 1), to hold that BNSF’s “due process rights prevent this Court from exercising general all-purpose jurisdiction over [BNSF] and this Court does not have specific jurisdiction.” Nelson appeals Judge Baugh’s order granting BNSF’s motion to dismiss.

¶5 In May 2014, Tyrrell sued BNSF for injuries Brent allegedly [420]*420sustained during the course of his employment with BNSF. The complaint alleged that, while working for BNSF, Brent was exposed to various carcinogenic chemicals that caused him to develop kidney cancer and ultimately led to his death. The complaint did not allege that Brent ever worked for BNSF in Montana or that any of the alleged chemical exposures occurred in Montana.

¶6 BNSF filed a M. R. Civ. P. 12(b)(2) motion to dismiss Tyrrell’s complaint for lack of personal jurisdiction. Judge Moses denied BNSF’s motion. He adopted and incorporated Montana Thirteenth Judicial District Court, Yellowstone County Judge Gregory R. Todd’s ruling on BNSF’s M. R. Civ. P. 12(b)(2) motion to dismiss in Jesse R. Monroy v. BNSF Ry. Co., Cause No. DV 13-799 (Aug. 1, 2014). In Monroy, Judge Todd found:

BNSF has established 40 new facilities in Montana since 2010 and invested $470 million dollars in Montana in the last four years .... In 2010, Montana shipped by BNSF 35.2 million tons of coal, 8.5 million tons of grain and 2.9 million tons of petroleum .... In the last year approximately 57,000 BNSF rail cars of grain per year rode the rails in Montana and 230,000 BNSF rail cars of coal per year go out of Montana. In October 2013, BNSF opened an economic development office in Billings, Montana, because of the heightened amount of business not only for coal and grain in Montana, but in particular the Bakken oil development.1

Judge Todd analyzed Montana and United States Supreme Court precedent interpreting the FELA. He concluded that, under Montana’s long-arm statute, M. R. Civ. P. 4(b)(1), BNSF “does meet the criteria of being found within Montana and having substantial, continuous and systematic activities within Montana for general jurisdiction purposes.” BNSF appeals Judge Moses’ order denying BNSF’s motion to dismiss, which adopted and incorporated Judge Todd’s analysis in Monroy.

STANDARD OF REVIEW

¶7 “The existence of personal jurisdiction is a question of law, which we review de novo.” Tackett v. Duncan, 2014 MT 253, ¶ 16, 376 Mont. 348, 334 P.3d 920.

DISCUSSION

¶8 1. Whether Montana courts have personal jurisdiction over BNSF [421]*421under the FELA.

¶9 Congress enacted the FELA in 1908. The Act was “an avowed departure from the rules of common law,” in response to “the special needs of railroad workers who are daily exposed to the risks inherent in railroad work and are helpless to provide adequately for their own safety.” Sinkler v. Mo. Pac. R.R. Co., 356 U.S. 326, 329, 78 S. Ct. 758, 762 (1958). In keeping with Congressional intent, “[t]he United States Supreme Court has repeatedly noted that the FELA is to be given a liberal construction in favor of injured railroad employees so that it may accomplish humanitarian and remedial purposes.” Labella v. Burlington N., 182 Mont. 202, 205, 595 P.2d 1184, 1186 (1979) (citing Urie v. Thompson, 337 U.S. 163, 69 S. Ct. 1018 (1949); Coray v. S. Pac. Co., 335 U.S. 520, 69 S. Ct. 275 (1949); McGovern v. Phila. & Reading R.R., 235 U.S. 389, 35 S. Ct. 127 (1914)).

¶10 When the FELA was initially enacted, “venue of actions under it was left to the general venue statute, 35 Stat. 65, which fixed the venue of suits in the United States courts, based in whole or in part upon the [FELA], in districts of which the defendant was an inhabitant.” Balt. & Ohio. R.R. Co. v. Kepner, 314 U.S. 44, 49, 62 S. Ct. 6, 8 (1941) (citation omitted). However, “[Litigation promptly disclosed what Congress considered deficiencies in such a limitation of the right of railroad employees to bring personal injury actions.” Kepner, 314 U.S. at 49, 62 S. Ct. at 8 (citations omitted). Thus, in 1910, Congress added the following language to Section 6 of the FELA, 45 U.S.C. § 56:

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Tyrrell Nelson v. BNSF
2016 MT 126 (Montana Supreme Court, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
2016 MT 126, 373 P.3d 1, 383 Mont. 417, 2016 Mont. LEXIS 412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyrrell-v-bnsf-railway-co-mont-2016.