Dvorak v. Matador Service, Inc.

The plaintiff-appellant brought this action to recover for injuries which he sustained when he was overcome by hydrogen sulfide gas as he was preparing a vacuum tank for welding repairs. The District Court granted the defendants’ second motion for summary judgment. From that order and judgment the plaintiff appeals. We affirm.

In March of 1981, the plaintiff-appellant, Roger Dvorak (“Dvorak”), was employed as a journeyman welder at Beall, Inc. of Billings, Montana. Beall repairs and fabricates truck tanks used for hauling commodities such as gas and oil.

On March 4, 1981, defendant-respondent…