Dunbar v. United Steelworkers of America

I join the Court’s opinion wherein it is held that summary judgment of dismissal in favor of the United Steelworkers should not have been granted. I am unable to agree that the State of Idaho was entitled to a dismissal at the summary judgment stage of the action against it, and briefly state the reasons which in my view require that that cause, too, should be heard and determined on the merits.

In my view the deceased miners who entered the portals of Sunshine’s mine not only had a right to rely upon the allegedly assumed duty of the union to inspect the conditions and practices prevalent in…