Dukes v. Sirius Constr.: Appeal Restores Claims Under Montana Scaffolding Act

The estate of Keith Dukes challenged dismissal of claims alleging that the City of Missoula failed to perform inspection duties under the Montana Scaffolding Act. The Montana Supreme Court rejected broad OSHA preemption, overruled conflicting aspects of earlier precedent, and held that the statutory inspection duty was not itself a conflicting safety standard. The court reversed dismissal and remanded the claim.

Source article:https://www.whitcomblawpc.com/business-law-blog/dukes-v.-sirius-constr.-appeal-restores-claims-under-montana-scaffolding-act