Pels Law Firm, in particular Jon D. Pels, Maria Olsen and Sheri V.G. Fanaroff, recently secured an important litigation victory in a Montana federal wrongful death case against BNSF Railway, where the court refused to grant summary judgment and ruled that the claims must be decided by a jury. The court found that there were significant factual disputes over whether BNSF failed to provide adequate warning signage, operated the train negligently, and engaged in willful and wanton conduct that could defeat statutory immunity defenses. Notably, the judge pointed to allegations that the crossing appeared abandoned, warning signs were not visible, the train crew failed to sound the horn or initiate emergency procedures, and the engineer was not actively observing the tracks at the time of the collision. By denying BNSF’s attempt to dismiss the case based on contributory negligence and recreational-use immunity, the court confirmed that these serious allegations warrant full consideration by a jury—allowing the case, and the pursuit of accountability for the victim’s family, to move forward.