Wrongful death suit in construction accident case thrown out

By Vince Mancini

Published on August 19, 2005

In a 4-1 decision, the justices ruled that the city of Missoula could not be held liable for the collapse because legislators had specifically put such liability solely on contractors and builders.

Keith Dukes, 38, was working on a renovation project at the University of Montana in February 1998 when the scaffolding he was working on collapsed. Officials said the scaffolding had been held together with wire instead of bolts.

Dukes' family filed suit against his employer, Sirius Construction Inc., the architects of the project, the university, the state and the city.

Until now, the claim against the city was the only one not to be either settled or dismissed.

The family's case was that the city had a duty under the state Scaffold Law to inspect the scaffolding. Having failed to do so, they argued, the city shared liability in Dukes' death.

The court ruled that the same law made it clear that liability for failing to follow any worker safety laws rested on the contractor, subcontractor, or builder.

Comment on this article →