Dick Irvin, Inc. v. State
Annotate this CaseKeith Davies was run over by a tractor-trailer driven by Paul Tychsen, who worked for Dick Irvin, Inc. Davies, who worked for Great Falls Sand and Gravel (GFSG), was directing traffic when the truck struck him. The incident occurred during a project to construct a Flying J Travel Plaza. GFSG subcontracted for the road work and submitted a traffic control plan to the State, which approved of the plan. Davies filed a negligence action against Irvin. Irvin filed a third-party complaint seeking contribution from the State, alleging that the State negligently approved the traffic control plan. Irvin subsequently settled Davies' claims. In regard to Irvin's third-party claims against the State, the district court entered summary judgment in favor of the State, concluding that the State did not owe any duty to Irvin or Davies. The Supreme Court affirmed, holding that the State had no statutory or common law duty to Irvin or Davies.
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