Rogstad v. Dakota Gasification Co.

NEUMANN, Justice.

[¶ 1] John E. Rogstad appeals from a summary judgment dismissing his negligence action against Dakota Gasification Company (“DGC”). Rogstad argues the district court erred in granting summary judgment because DGC owed him a duty to provide for his safety. Because we conclude DGC did not owe a duty to Rog-stad, as a matter of law, we affirm.

I

[¶ 2] John E. Rogstad was an iron-worker employed by Industrial Contractors, Inc. (“ICI”). DGC hired ICI as an independent contractor for the construction of cooling towers at DGC’s plant near Beulah.

[¶ 3] In his deposition, Rogstad…