Madler v. McKenzie County

LEVINE, Justice.

Daniel Madler appeals from a district court judgment dismissing his action against McKenzie County. We affirm.

The North Dakota Department of Transportation [DOT] entered into an agreement with the Federal Highway Administration [FHWA] for federal funding of a bridge construction project in McKenzie County. DOT contracted with Edward H. Schwartz Construction [Schwartz] to construct the bridge. DOT then contracted with McKenzie County to provide “[a]dequate engineering, supervision, and inspection” for the project and to maintain the bridge after completion of construction.

Madler…