High Court Remands Miners' Asbestos Claims, Rules State Had Duty to Warn

HELENA, Mont. -- Montana's highest court has determined that the state owed a duty to warn miners of asbestos dangers in the workplace, and remanded the case for a determination of whether the state breached that duty. Orr, et al. v. State of Montana, No. 2004 MT 354 (Mont. Sup. Ct.).

On Dec. 14, the Montana Supreme Court released a divided opinion in which the majority found that the state had a duty to advise both the employer and the employees of the presence of asbestos.

In the decision, Justice Patricia O. Cotter reversed a District Court decision dismissing the …