• Skip to primary navigation
  • Skip to main content
  • About
  • Contact
  • Listserv
  • Facebook
  • Twitter
  • Login/Register
workzonesafety.org

National Work Zone Safety Information Clearinghouse

Library of Resources to Improve Roadway Work Zone Safety for All Roadway Users

  • Crash Information
    • Work Zone Fatal Crashes and Fatalities
    • National Estimates of Total and Injury Work Zone Crashes
    • Work Zone Fatal Crash Facts
    • Other Work Zone Crash Related Resources
  • Flagger Information
    • Flagger Training and Certification Requirements by State
    • Flagging Resources Developed Under the FHWA Work Zone Safety Grant Program
    • Classes
    • Videos
    • Job Resources
  • Training
    • FHWA Work Zone Safety Grant Products
    • Roadway Safety Training Program
    • Online Learning Management System
    • Training Courses and Programs
    • Training Videos
    • ARTBA
    • ATSSA
    • NHI
    • NSC
    • LTAP/TTAP
    • WSU
  • Events and Conferences
    • National Work Zone Awareness Week
    • Work Zone Safety Conferences
    • Other Work Zone Related Conferences
    • 2020 Transportation Construction Safety Events Calendar
  • Data Resources
    • Searchable Databases
    • Public Awareness
    • Laws, Regulations, Standards, and Policies
    • Manual on Uniform Traffic Control Devices (MUTCD)
  • Hot Topics
    • Improving Large Truck Safety in Work Zones
    • Smarter Work Zones
    • Transportation Management Plans
    • Accommodating Pedestrians
    • Rear End Crashes
    • Minimizing Construction Interferences with Traffic
    • Managing Speeds
    • Mobile/Short Duration Work Zones
    • Reducing Worker Run-overs and Back-overs
    • Working at Night
    • Reducing Worker Fatigue and Distraction Risks
You are here: Home / Publications / Montana Supreme Court Denies Summary Judgment Where Pavement Dropoff in Construction Zone May Have Caused Motorcycle Crash

Montana Supreme Court Denies Summary Judgment Where Pavement Dropoff in Construction Zone May Have Caused Motorcycle Crash

Abstract:

Plaintiff William Schmidt (Schmidt) was injured during a single vehicle motorcycle accident that occurred on an Interstate 90 ramp under construction at the DeSmet Interchange near Missoula, Montana. Schmidt filed a complaint in negligence in the Fourth Judicial District Court, Missoula County, against Defendant Washington Contractors Group, Inc. (Washington), the general contractor for the “DeSmet Interchange Project,” and Defendant Alpine Construction, Inc. (Alpine), the subcontractor hired to control traffic during the construction project. The District Court subsequently entered an opinion and order granting summary judgment in favor of Defendants Washington and Alpine. From this opinion and order, Schmidt appeals. We reverse and remand for further proceedings consistent with this Opinion.
Highway 93 and Interstate 90 intersect near Missoula, Montana, at a location called the DeSmet Interchange. The Montana Department of Transportation contracted with Washington to work as the general contractor for the DeSmet Interchange Project (the Project). As the general contractor, Washington was responsible for improving the overpass, on-ramps and off-ramps at the DeSmet Interchange during the spring and summer of 1995. Alpine, hired as subcontractor on the Project, was responsible for controlling traffic during the construction project which included posting signs. On August 21, 1995, Schmidt was injured when he crashed his motorcycle while descending a temporary entrance ramp to Interstate 90 at the DeSmet Interchange. While the top-half of this temporary ramp was paved, the bottom-half was only graveled. Additionally, where the ramp interfaced with Interstate 90, an elevation difference of approximately six to eight inches existed and the ramp was repaired almost daily due to wear and tear. Schmidt’s accident occurred at the bottom of the temporary ramp where the graveled portion interfaced with the paved interstate and the elevation differential existed.

Source: Road Injury Prevention & Litigation Journal
Publisher: TranSafety, Inc.
Publication Date: August 1999
Notes:

The Clearinghouse has a copy of this item.

Publication Types: Articles; News and Other Non-research Articles
Topics: Court Decisions; Crash Causes; Crash Reports; Pavement Dropoffs; Tort Liability

Copyright © 2021 American Road & Transportation Builders Association (ARTBA). The National Work Zone Safety Information Clearinghouse is a project of the ARTBA Transportation Development Foundation. It is operated in cooperation with the U.S. Federal Highway Administration and Texas A&M Transportation Institute. | Copyright Statement · Legal Notices/Policies · Disclaimer
American Road and Transportation Builders Association Transportation Development Foundation, American Road and Transportation Builders Association U.S. Department of Transportation Federal Highway Administration Texas A&M Transportation Institute