A.M. Welles, Inc. v. Montana Materials, Inc., 2015 MT 38 (Feb. 10, 2015) (Baker, J.) (5-0, rev’d)
Issue: (1) Whether the district court properly denied summary judgment to Welles, and (2) whether the district court abused its discretion in dismissing the state’s action against Liberty Mutual for failure to prosecute.
Short Answer: (1) No. The judgment is reversed with instructions to enter judgment for Welles. (2) Yes.
Reversed and remanded
Facts: The state contracted with Welles to complete a highway paving project near Ennis in 2000. Welles subcontracted with Montana Materials, Inc., RSJ, Inc., and GLJ, Inc. (“Jensen”). The state and Welles insured the job through Liberty Mutual Fire Insurance Co. On Sept. 30, 2000, Jensen applied oil and blotter to the road.…