Buck v. Freeman12/12/2000
Petition for review denied February 21, 2001.
RICHARD BUCK AS TRUSTEE FOR THE HEIRS AND
NEXT-OF-KIN OF RHONDA SUE BUCK, DECEASED,
APPELLANT,
v.
HARRISON L. FREEMAN, D/B/A
FREEMAN FIREWORKS FOREVER, ET AL.,
RESPONDENTS,
KATHLEEN BILLINGTON,
RESPONDENT,
MINNESOTA WORKERS' COMPENSATION
ASSIGNED RISK PLAN, ET AL.,
RESPONDENTS.
SYLLABUS BY THE COURT
1. An employer does not forfeit the exclusive remedy protections of Minn. Stat. §á176.031 (1998) by participating in the workplace.
2. Compensation insurers are subject to the burdens and benefits of Minn. Stat. § 176.031 and are, therefore, immune from liability under the exclusive remedy protections of the Minnesota Workers' Compensation Act.
3. Minn. Stat. § 79.253, subd. 2 (1998), does not create a private cause of action subjecting an insurer to liability for workplace accidents.
Dodge County District Court File No. C4-99-199
Mark M. Walbran, Walbran, Furness & Leuning, 140 East Main Street, PO Box 273, Owatonna, MN 55060 (for appellant) Paul A. Banker, Robert W. Kettering, Jr., Arthur, Chapman, Kettering, Smetak & Pikala, P.A., 500 Young Quinlan Building, 81 South 9th Street, Minneapolis, MN 55402 3214 (for respondents Freeman, et al.) Peter C. Sandberg, Dunlap & Seeger, 206 South Broadway, Suite 505, PO Box 549, Rochester, MN 55903-0549 (for respondent Billington) Charles E. Lundberg, Todd J. Thun, Bassford, Lockhart, Truesdell & Briggs, P.A., 33 South 6th Street, Suite 3550, Minneapolis, MN 55402 (for respondents Minnesota Workers' Compensation Assigned Risk Plan, et al.)
Considered and decided by Kalitowski Presiding Judge, Amundson Judge, and Halbrooks Judge.
The opinion of the court was delivered by: Halbrooks, Judge
Affirmed
Halbrooks, Judge
Concurring in part, dissenting in part, Amundson, Judge
OPINION
Rhonda Sue Buck, an employee of Freeman Fireworks Forever, was killed in an explosion at work. The trustee of her heirs brought a negligence action against the Minnesota Workers' Compensation Assigned Risk Plan, contending it breached its statutory duty to conduct on-site safety inspections, but the district court ruled the plan was immune from suit under Minn. Stat. § 176.031 (1998). Appellant also sued respondent-owner, contending that as a working employer, he was subject to liability as a grossly negligent co-employee under Minn. Stat § 176.061, subd. 5 (1998). The district court granted summary judgment for Freeman on this claim, holding that the employer may not be found to be a grossly negligent co-employee. This is appeal is taken from the final partial judgment. We affirm.
FACTS
Decedent Rhonda Sue Buck worked for respondent Harrison L. Freeman, doing business as Freeman Fireworks Forever. She was Freeman's only employee. On April 19, 1996, Freeman mixed flash powder, which decedent then drew from a metal bucket with a metal-handled pot to place into shell casings. An explosion occurred, resulting in Buck's death. Although the cause of the explosion is not certain, it may have been the result of friction from the metal barrel and metal-handled pot or from static electricity generated by decedent's snowsuit.
As trustee for the heirs and next-of-kin of decedent, appellant Richard Buck sued decedent's former employer alleging that Freeman was liable as a grossly negligent co-employee. The district court granted Freema
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