Kelly ex rel. Washburn v. Kraemer Construction, Inc.

OPINION

CHUTICH, Justice.

Appellant Jessica Kelly, as trustee for the next-of-kin of Richard Washburn, sued respondent Kraemer Construction, Inc. (Kraemer), alleging that Kraemer’s negligence caused Washburn’s death by electrocution at a construction site. Kraemer moved for summary judgment, arguing that it was engaged in a common enterprise with Washburn’s employer, Ulland Brothers, Inc. (Ulland), and that the election-of-remedies provision of the Minnesota Workers’ Compensation Act requires dismissal of Kelly’s suit. See Minn. Stat. § 176.061 (2016). The district court denied summary…