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FASCH v. M.K. WEEDEN CONST., INC.

No. DA 11-0112.

262 P.3d 1117 (2011)

2011 MT 258

362 Mont. 256

Walter FASCH, Plaintiff and Appellant, v. M.K. WEEDEN CONSTRUCTION, INC., a Montana Corporation; United Rental Technologies, Inc., and Montana Department of Transportation, Defendants and Appellees.

Supreme Court of Montana.

Decided October 18, 2011.

Attorney(s) appearing for the Case

For Appellant: Jeffrey A. Simkovic , Billings Legal, PLLC; Billings, Montana.

For Appellees: Lon J. Dale; Milodragovich , Dale, Steinbrenner & Nygren, PC; Missoula, Montana (for United Rental Highway Technologies, Inc.), Malin Stearns Johnson , Peter J. Stokstad ; Garlington, Lohn & Robinson, PLLP; Missoula, Montana (for M.K. Weeden Construction and State of Montana Department of Transportation).

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Plaintiff Walter Fasch (Fasch) was injured in a single-vehicle ATV accident that occurred within a construction area on U.S. Highway 59 between Rock Springs and Angela, Montana, near Miles City. Fasch filed a negligence action in the Sixteenth Judicial District, Rosebud County, against the Montana Department of Transportation (DOT), M.K. Weeden (Weeden), the construction contractor, and Weeden's subcontractor...

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