Michael Brady Joan Brady v. Ppl Montana, LLC
Opinion
Opinion
ORDER CERTIFYING QUESTION OF LAW TO THE MONTANA SUPREME COURT
ORDER
I
Pursuant to Rule 44(c) of the Montana Rules of Appellate Procedure, we respectfully request the Montana Supreme Court to exercise its discretion to adjudicate the following question of Montana law:
The answer to the certified question will be determinative of the appeal pending in our court in this diversity action. We acknowledge that your Court may decide to reformulate the question, and that our phrasing of the question is not intended to restrict your Court’s consideration of the request. We would be grateful for any guidance your Court can provide, whether or not directly responsive to the question as we have phrased it.
II
In this diversity action, plaintiffs Michael and Joan Brady have appealed the United States District Court for Montana’s grant of summary judgment in favor of defendant PPL Montana (“PPL”) on the Bradys’ state tort claims. PPL operates a coal-fired generation power plant located in Colstrip, Montana. In 2001, Michael Brady was employed by PPL as a journeyman mechanic/millwright with the fuel crew. The fuel crew maintains the running belts that transport coal to the plant.