Legal Opinion

Klemetsen v. STENBERG CONST. CO., INC.

Supreme Court of Minnesota

Decided June 3, 1988No. C4-87-543PublishedCited by 4 opinions

1Opinion of the Court

COYNE, Justice.

The court of appeals held that a general contractor, who is liable for workers’ compensation benefits to an uninsured subcontractor’s employee under Minn.Stat. § 176.215 (1982), is not immune from a wrongful death action on behalf of the heirs of the subcontractor’s deceased employee. We affirm.

The employee, a construction worker, was fatally injured in 1983 when a trench he was working in collapsed. Plaintiff, as trustee for the employee’s heirs, brought a wrongful death action against Stenberg Construction Company (Stenberg) and another. A workers’ compensation proceeding was…

2Cases cited4 opinions

  1. Prive v. M. W. Goodell Construction Co.Supreme Court of New Hampshire · 1979
  2. Klemetsen v. STENBERG CONST. CO., INC.Court of Appeals of Minnesota · 1987
  3. Union Deposit Co. v. TalbotSupreme Court of Colorado · 1937
  4. United Steelworkers, Local 6115 v. Quadna Mountain Corp.Supreme Court of Minnesota · 1988

3Cited by4 opinions

  1. Flaherty v. LindsaySupreme Court of Minnesota · 1991
  2. Hallas v. Naegele Outdoor Advertising, Inc.Court of Appeals of Minnesota · 1995
  3. Weme v. LastavicaSupreme Court of Minnesota · 1990
  4. Weme v. LastavicaSupreme Court of Minnesota · 1990

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