Allmaras v. Mudge

I concur in this court’s affirmance of the summary judgment in favor of 71 Construction; however, I respectfully dissent from this court’s reversal of the summary judgment in favor of Kloefkorn-Ballard. I would hold as a matter of law that Kloef-korn-Ballard’s failure to sign the construction area was not the proximate cause of this tragic accident and John Allmaras’ senseless death.

I agree with the majority that Kloef-korn-Ballard, as the road contractor, owed a duty to the motoring public to take due precautions for the safety of motorists. Gilpatrick Construction v. Wind River Ready-Mix…