MYDLARZ v. PALMER/DUNCAN CONST. CO.

No. 82-98.

682 P.2d 695 (1984)

Johann J. MYDLARZ, Plaintiff and Appellant, v. PALMER/DUNCAN CONSTRUCTION COMPANY and Rice Motors, Defendants and Respondents.

Supreme Court of Montana.

Decided April 30, 1984.

Rehearing Denied May 31, 1984.


Attorney(s) appearing for the Case

Jardine, Stephenson, Blewett & Weaver, Curtis G. Thompson and Alexander Blewett, III, Great Falls, argued for plaintiff and appellant.

Smith, Baillie & Walsh, Dennis Clarke and William Baillie argued for Respondents Palmer/Duncan, Great Falls, Cure & Borer, Edward W. Borer, Great Falls, argued for defendant and respondent Rice Motors.


HASWELL, Chief Justice.

Johann J. Mydlarz appeals a Cascade County District Court judgment, based upon the jury's special verdict, in favor of Palmer/Duncan Construction (respondent) and Rice Motors (respondent) in an action to recover damages for injuries he received in a fall from a ladder at the construction site of a new Rice Motors building. We reverse and remand for a new trial.

Rice Motors, an automobile dealership, let bids and awarded contracts for...

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