Legal Opinion

Kliniski v. Southdale Manor, Inc.

Supreme Court of Minnesota

Decided June 17, 1994No. C6-92-2552PublishedCited by 13 opinions

1Opinion of the Court

OPINION

WAHL, Justice.

Intervenor Aetna Casualty & Surety Company (Aetna) appeals a decision of the court of appeals affirming the trial court’s decision to allocate the entire proceeds from a third party settlement as nonrecoverable damages and to award those proceeds to respondent plaintiff James Allen Kliniski free and clear of Aetna’s subrogation interest. In Henning v. Wineman, 306 N.W.2d 550 (Minn.1981), we held that the trial court has the authority to allocate the proceeds of a settlement between amounts recoverable and not recoverable under the Workers’ Compensation Act. 1 The question…

2Cases cited4 opinions

  1. A. J. Chromy Construction Co. v. Commercial Mechanical Services, Inc.Supreme Court of Minnesota · 1977
  2. Naig v. Bloomington SanitationSupreme Court of Minnesota · 1977
  3. Henning v. WinemanSupreme Court of Minnesota · 1981
  4. Krause v. MerickelSupreme Court of Minnesota · 1984

3Cited by13 opinions

  1. Illinois Tool Works, Inc. v. Independent MacHine Corp.Appellate Court of Illinois · 2003
  2. Nuessmeier Electric, Inc. v. Weiss Manufacturing Co.Court of Appeals of Minnesota · 2001
  3. Alcozer v. North Country Food BankSupreme Court of Minnesota · 2001
  4. In re the Welfare of R.J.E.Supreme Court of Minnesota · 2002
  5. Drake v. Reile's Transfer & Delivery, Inc.Court of Appeals of Minnesota · 2000

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