McCall v. United States Department of Energy Through Bonneville Power Administration

SCHROEDER, Circuit Judge:

Appellant Kelly McCall, an employee of an independent contractor, seriously injured himself while working on a construction project for the Bonneville Power Administration, an Agency of the United States of America. McCall brought suit against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80 (1988). The district court granted the United States’ motion for summary judgment against McCall. McCall appeals. The key issue before us is whether, under the law of Montana, a project owner or general contractor has a nondelegable duty to…