APPEAL FROM: District Court of the First Judicial District, In and For the County of Lewis and Clark, Cause No. CDV- 2009-225 Honorable Kathy Seeley, Presiding Judge
The opinion of the court was delivered by: Justice Patricia O. Cotter
Submitted on Briefs: October 2, 2012
Decided: December 18, 2012
Justice Patricia O. Cotter delivered the Opinion of the Court.
¶1 Richard Siebken, an on-duty law enforcement officer with the Federal Reserve Bank in Helena, Montana, was injured in an altercation on the Bank premises with Henry Voderberg in December 2004. In March 2009, Siebken sued Voderberg for negligence. Voderberg moved for summary judgment, arguing the three-year statute of limitations had expired by the time the complaint was filed. The First Judicial District Court agreed and granted Voderberg's motion. Siebken appeals. We reverse and remand.
¶2 A restatement of the issues on appeal is:
¶3 Did the District Court err in granting Voderberg's motion for summary judgment?
¶4 Did the District Court err in denying Siebken's cross-motion for partial summary judgment?
FACTUAL AND PROCEDURAL BACKGROUND
¶5 On or around December 11, 2004, Richard Siebken, while on duty as a law enforcement officer with the Federal Reserve Bank in Helena, Montana, was involved in an altercation with Henry Voderberg who had trespassed onto the Federal Reserve property while intoxicated. Later that evening, Siebken experienced a mild headache for which he took over-the-counter medication. At that time, he was unaware that he had suffered a neck injury.
¶6 In January 2005, Siebken notified his employers that he believed his twelve-pound gun belt was causing severe back pain. In April 2005, he filed a workers' compensation claim with Liberty Northwest Mutual Insurance, the Federal Reserve Bank's workers' compensation insurer, for this back pain, claiming it was a work-related occupational ...