In 2023, our attorneys at Hoyt & Blewett PLLC secured an $11 million settlement for a construction accident victim — the highest reported single-plaintiff settlement in Montana that year.
The case, Milos v. Oftedal Construction, Inc., was handled by Partners Zander Blewett and Drew Blewett, along with co-counsel Bryant Martin.
About the Case
Our client, a Montana resident, suffered a traumatic amputation of his right arm while working on a highway construction project near Jackson Hole, Wyoming. He was employed by a subcontractor tasked with slope-drilling work. During the operation, his arm was caught in a rotating drill while he was manually changing the down-hole hammer — a dangerous task that should have been performed with a rod casing handler, a safety device specifically designed for this type of work.
The general contractor on the project, Oftedal Construction, had contractually agreed to provide necessary safety equipment and to ensure hazardous conditions were not permitted. Despite these obligations, no rod casing handler or other protective devices were provided on the job site.
Legal Issues and Strategy
Because our client was covered by Wyoming workers’ compensation, his direct employer was immune from suit. However, our team pursued a third party safe place to work claim against Oftedal Construction, which was headquartered in Montana, making Montana courts the proper forum for the case.
One of the central disputes was whether Montana or Wyoming law applied. Wyoming law would have allowed the defense to shift blame to the immune employer, while Montana law prohibits comparison of fault to an immune employer. Our team successfully argued that Montana law controlled once the case was filed in a Montana court.
Extensive depositions were taken during which Oftedal admitted in its corporate testimony that it relied on the subcontractor to provide safety devices, even though it had contractually assumed that duty. Oftedal also admitted that the absence of a rod casing handler caused the injury. Based on these admissions, our attorneys filed motions for summary judgment on liability and on the defense of comparative negligence.
The Resolution
Trial was set to begin in November 2023. Before the court ruled on the pending motions, Travelers Insurance, which provided $11 million in liability coverage to Oftedal, agreed to pay the full policy limits in exchange for a release.
This $11 million settlement represents the highest reported single-plaintiff recovery in Montana for 2023.
This result highlights not only the devastating consequences of unsafe construction practices, but also the importance of pursuing third party safe place to work claims against negligent parties beyond a direct employer when workers’ compensation bars recovery. Our attorneys worked tirelessly to establish liability, overcome jurisdictional challenges, and ensure our client obtained full compensation.
At Hoyt & Blewett PLLC, we have a long track record of setting benchmarks in Montana personal injury litigation. Our lawyers have secured some of the largest verdicts and settlements in state history, and we remain committed to fighting for individuals and families who suffer life-changing injuries. If you have questions about our team or a potential case, call (406) 233-1302 or contact us online.