Legal Opinion

Liberty Mutual Insurance v. Nutting Truck & Caster Co.

Supreme Court of Minnesota

Decided January 12, 1973No. 43437PublishedCited by 15 opinions

1Opinion of the Court

Harold W. Schultz, Justice. *

The sole question presented on appeal is whether the claim of a workmen’s compensation insurer who is subrogated to the rights of an injured employee against a third-party tortfeasor is barred by the statute of limitations where the insurer failed to commence an action against the third-party tortfeasor within the statutory period, but where the employee had commenced an action within that period.

On January 15,1962, Ralph Ekker was employed as a delivery driver for Northland Milk and Ice Cream Company. Northland was insured for workmen’s compensation liability by…

2Cases cited5 opinions

  1. American Mutual Liability Insurance v. Reed CleanersSupreme Court of Minnesota · 1963
  2. Lang v. William Bros Boiler & Manufacturing Co.Supreme Court of Minnesota · 1957
  3. Dockendorf v. LakieSupreme Court of Minnesota · 1957
  4. Courtney v. BabelSupreme Court of Minnesota · 1972
  5. City of St. Paul v. SorensonSupreme Court of Minnesota · 1969

3Cited by15 opinions

  1. Kaiser v. Northern States Power Co.Supreme Court of Minnesota · 1984
  2. Naig v. Bloomington SanitationSupreme Court of Minnesota · 1977
  3. Sargent v. JohnsonCourt of Appeals for the Eighth Circuit · 1977
  4. Conwed Corp. v. Union Carbide Chemicals & Plastics Co.Supreme Court of Minnesota · 2001
  5. Paine v. Water Works Supply Co.Supreme Court of Minnesota · 1978

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