Steiner v. Department of Highways

This is an appeal from the District Court of the Nineteenth Judicial District, Lincoln County, which granted judgment for the defendant, Montana Department of Highways, following a nonjury trial. Plaintiff appeals the District Court’s Findings of Fact, Conclusions of Law, and Judgment and also the denial of his Motion for Summary Judgment, both concluding that defendant did not owe a duty to plaintiff. We reverse and remand.

The following issues are presented for review:

I. Did the contract between the Federal Highway Administration and the Montana Department of Highways create a nondelegable…