Dick Irvin Inc. v. State

¶1 Dick Irvin, Inc. (Irvin) appeals from the Order of the Eighth Judicial District Court, Cascade County, denying Irvin’s motion for summary judgment on the issue of duty in its negligence action against the State of Montana and United Rentals Highway Technologies, Inc. (collectively, State) and granting judgment in favor of the State.

ISSUES

¶2 The issues on appeal are as follows:

¶3 Did the State owe a statutory, nondelegable duty to Irvin?

¶4 Did the State owe a common law duty to Irvin?

¶5 Was the State vicariously liable for the torts of contractors working on this road project?

¶6 Did the…