Kemp v. Big Horn County Electric Co-Operative

This appeal arises from an order of the District Court, Thirteenth Judicial District, Big Horn County, Montana, granting defendant’s motion for summary judgment. Plaintiff appeals. We affirm.

The sole issue on appeal is whether the District Court erred in granting summary judgment in favor of defendant.

Big Horn County Electric Cooperative Inc. (Big Horn) contracted with Swain and Morris Construction Company (S & W) for construction of a 69 KV line between Lodge Grass, Montana, and Hardin, Montana.

Plaintiff, William Kemp, was an employee and foreman for S & W on this project. On August 28,…