Brady

MEMORANDUM **

In 2001, Michael Brady was injured on the job. He applied for and received workers’ compensation. He also filed the tort action that is the subject of this suit against his employer. His wife, Joan Brady, joined the suit for her own damages as a result of her husband’s injury. The Bradys argue that Montana Code Annotated § 39-71-413 as amended in 2001, limiting the tort liability of an employer who provides workers’ compensation insurance to certain intentional conduct, on its face violates various provisions of the Montana Constitution. After the Supreme Court of Montana twice declined to address the constitutional question certified by the district court, the district court thoughtfully addressed the merits of the constitutional questions, rejected all of the Bradys’ arguments, and granted summary judgment in favor of PPL Montana, LLC (PPL).

The Bradys appealed. On February 14, 2007, we certified the following dispositive question to the Montana Supreme Court: Is Mont. Code Ann. § 39 -71—413, as amended, unconstitutional under any of the following provisions of the constitution of the State of Montana: (i) prohibition of special privileges and immunities, art.…