Olson v. Lyrek

I respectfully dissent: On these facts, I would reverse and remand for a summary judgment award in favor of Lyrek.

As the majority correctly notes, to establish the existence of a common enterprise:(1) The employers must be engaged on the same project;(2) The employees must be working together (common activity); and(3) In such a fashion that they are subject to the same or similar hazards.

McCourtie v. United States Steel Corp., 253 Minn. 501, 506, 93 N.W.2d 552, 556 (1958).

Respondent concedes that elements (1) and (2) have been met and that the only way he can prevail is to show that the two…