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North Pacific Insurance Co. v. Stucky

Supreme Court of Montana

January 14, 2014

NORTH PACIFIC INSURANCE COMPANY, Plaintiff,
v.
CALVIN STUCKY, RENEE STUCKY, SADEE STUCKY, and CALLIE JO STUCKY, Defendant.

ORDER

In accordance with M. R. App. P. 15, the United States District Court for the District of Montana has certified to this Court the following questions of law, which have arisen in that court's Cause No. CV 12-15-H-DLC:

1. Does Montana law recognize a claim for loss of consortium by the adult child of an injured parent?
2. If Montana recognizes a claim for loss of consortium by the adult child of an injured parent, what evidentiary standard must the plaintiff meet in order to assert such a claim?

This Court accepts the certified questions on the relevant facts set forth in the stipulated statement of facts attached to the United States District Court's certification order, reserving our power under M. R. App. P. 15(4) to reformulate the questions. We will answer the questions in due course following briefing.

Accordingly,

IT IS ORDERED that the parties shall, in accordance with the Montana Rules of Appellate Procedure, prepare, file, and serve briefs addressing the certified questions set forth above, with the opening brief of the Plaintiff to be filed within 30 days after the date of this Order. Thereafter, additional briefing shall proceed in accordance with the Montana Rules of Appellate Procedure.

The Clerk is directed to provide copies of this Order to the Honorable Dana Christensen, Chief Judge of the United States District Court for the District of Montana; to all counsel of record in the United States District Court for the District of Montana's Cause No. CV 12-15-H-DLC; and to the Clerk of Court for the United States District Court for the District of Montana.


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