Ackerman v. American Family Mutual Insurance Co.

OPINION

HUSPENI, Judge.

Cindy J. Ackerman, as trustee for the heirs of Frank Ackerman, deceased, appeals from the summary judgment in favor of respondents David Mykelby and American Family Insurance Company which declared that as a matter of law David Mykel-by was not grossly negligent. Appellant also argues, alternatively, that Minn.Stat. § 176.061, subd. 5(c) is inapplicable to the facts of this case or is unconstitutional. We affirm.

FACTS

Frank Ackerman and David Mykelby, co-employees of the city of Minneapolis, both reported for work at about 6:45 a.m. on October 24, 1986. Their work day…