Legal Opinion

McCarty v. Village of Nashwauk

Supreme Court of Minnesota

Decided February 27, 1970No. 41974PublishedCited by 11 opinions

1Opinion of the Court

Rogosheske, Justice.

The question presented is whether a municipality, under Minn. St. 466.03, subds. 1 and 2, of the statutes governing tort liability of political subdivisions, is immune from liability for any and all claims for personal-injury damages resulting from its torts where (1) the injury-producing activities giving rise to such claims are covered by the Workmen’s Compensation Act, and (2) the municipality has not waived its immunity by insuring against liability for its torts under § 466.06.

The facts are undisputed. On October 15, 1965, plaintiff, a schoolteacher employed by…

2Cases cited4 opinions

  1. Spanel v. Mounds View School District No. 621Supreme Court of Minnesota · 1962
  2. Lang v. William Bros Boiler & Manufacturing Co.Supreme Court of Minnesota · 1957
  3. Norris Grain Co. v. Seafarers' International Union of North AmericaSupreme Court of Minnesota · 1950
  4. McCarty v. Village of NashwaukSupreme Court of Minnesota · 1969

3Cited by11 opinions

  1. O'DELL v. Town of Gauley BridgeWest Virginia Supreme Court · 1992
  2. Jarvis v. City of StillwaterSupreme Court of Oklahoma · 1983
  3. Bernthal v. City of St. PaulSupreme Court of Minnesota · 1985
  4. Downtown Development Project, Marshall City Council Resolution No. 57 v. City of MarshallSupreme Court of Minnesota · 1979
  5. Ewers v. Thunderbird Aviation, Inc.Supreme Court of Minnesota · 1979

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