 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Meinstma v. Loram Maintenance of Way12/16/2003
e unchallenged, undisputed facts relied on by the district court, is that Meinstma had "no basis for believing that any of the individual [co-employees] disliked him or wanted to hurt him." Meinstma has failed to raise a genuine issue of material fact regarding the co-employees' intent to injure. Minn. Stat. ยง 176.061, subd. 5(c), does not apply to the facts of this case. The district court erred by concluding that the WCA is not Meinstma's exclusive remedy for his claims against the co-employees involved in this incident and erred by denying the summary judgment motions of Valenta, Bachler, and Mendez. We reverse the denial of those motions.
IV. Motion to strike
Meinstma has moved to strike an arbitration decision from the appendix submitted by Mendez and Bachler, as well as all references to that decision. Because this decision was filed with the district court as an exhibit to the motions for summary judgment by Mendez and Bachler it is part of the record on appeal. Minn. R. Civ. App. P. 110.01 (stating record on appeal consists of the papers filed in the trial court, the exhibits, and the transcripts of the proceedings). The motion to strike is denied.
DECISION
Because the WCA provides Meinstma's exclusive remedy for injuries he sustained as a result of a workplace battery, we affirm the district court's grant of summary judgment to employer Loram, reverse denial of the summary judgment motions of co-employees Valenta, Bachler, and Mendez.
Affirmed in part, reversed in part; motion denied.
Dated: December 10, 2003
|