Schlichte v. Kielan

I respectfully dissent.

This case is yet another step in a long journey that began with Lambertson v. Cincinnati Corp., 312 Minn. 114, 257 N.W.2d 679 (1977).

Before discussing the present controversy over the interplay between workers’ compensation, subrogation rights, and general tort concepts, a brief history of the evolution of the caselaw may be helpful.

Prior to Lambertson, the Minnesota Supreme Court consistently disallowed contribution claims against an employer by a third-party tortfeasor, reasoning that the employer had no liability to the employee in common with the third-party…