M.W. Ettinger Transfer & Leasing Co. v. Schaper Manufacturing, Inc.

YETKA, Justice.

This case arises on Ettinger’s appeal of a decision of the court of appeals reversing the trial court holding that the amount Ettinger is to recover from Schaper in a subrogation action pursuant to Minnesota’s workers’ compensation third-party statute, Minn.Stat. § 176.061 (1990), was equivalent to the amount of compensation benefits Ettinger paid the employee and also reversing the trial court's refusal to submit the issue of Ettinger’s comparative fault to the jury. We affirm, but remand for a new trial on damages.

Ettinger is in the business of transporting goods. On…