Kaess v. Armstrong Cork Co.

WAHL, Justice.

The heirs of Arthur Kaess brought a wrongful death action against manufacturers and sellers of asbestos-containing insulation, including Kaess’ employer, MacArthur Company. MacArthur moved for partial dismissal for failure to state a cause of action, or for partial summary judgment, citing the workers compensation exclusive remedy provision, Minn.Stat. § 176.031 (1984). The Dakota County District Court denied the motion and, pursuant to Minn.R. Civ.App.P. 103.03(h), 1 certified to the court of appeals a question concerning whether Minn.Stat. § 176.031 is a bar to the employee’s…