Asbestos Trial Should Be in County Where Foreign Resident Has Service Agent, Court Holds

HELENA, Mt. - A proper place for trial where a defendant in an asbestos case is a foreign corporation is the county in which the corporation's resident agent is located, a state Supreme Court has ruled. Nelson v. Cenex, Inc., et al., No. 04-067 (Mt. Sup. Ct.).

In a decision issued July 7, the Montana Supreme Court affirmed a decision to deny a defense motion to change venue, ruling that plaintiff Gene Nelson's asbestos-related claims can remain in Lewis and Clark County, where Nelson sued CHS Inc. for causing his lung disease.

Between 1952 and 1966, Nelson worked at a …