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Hokkala v. Beck's Valley Farm2/25/2003
Respondent Vicki Hokkala prevailed in a wrongful-death action arising out of decedent's electrocution in an accident at a worksite. In this appeal from an order resolving posttrial motions, appellants contend that (a) appellant Beck's Valley Farm and respondent Soil-Con, Inc., decedent's employer, were engaged in a common enterprise under the workers'-compensation law; (b) the district court made numerous errors requiring a new trial; (c)áthe district court abused its discretion in the special-verdict form used; and (d) the district court erred in allowing respondent Soil-Con to assert a claim for increased premiums under Minn. Stat. §á176.061, subd. 5(b) (2000). We affirm.
FACTS
A property owner hired appellant Beck's Valley Farm to regravel his 325-foot driveway. Beck's subcontracted with respondent Soil-Con to level the sand and gravel. Appellant Steven Gallus, Beck's employee, was to haul sand and gravel in his truck and dump it on the driveway, and decedent, Soil-Con's employee, would then spread and level the sand and gravel with his bobcat.
During a walk-through inspection with his boss before beginning work on the driveway, decedent identified overhead power lines and explained to his boss that he had already talked to Gallus, the gravel truck driver, about this hazard. Although Gallus had wanted to spread the gravel with his truck, decedent told him that this plan would not work because of the power lines.
In the first part of the project, the holes in the driveway had to be filled with sand. Decedent used his bobcat to load Beck's truck with sand at a nearby development where both Beck's and Soil-Con were working on an unrelated project. Gallus drove the truck to the driveway and dumped it, and decedent leveled the sand. After two loads of sand were dumped and leveled, this part of the project was completed uneventfully.
In the second part of the project, gravel was dumped and leveled on the driveway. Gallus drove Beck's truck to a gravel pit, which was about 30 minutes away, loaded the truck, returned to the driveway, and dumped it. While waiting, decedent worked on a leveling project at the nearby development. He returned to the driveway to spread and level the gravel as it was dumped.
The accident occurred when Gallus was dumping the fifth load of gravel in an area on the driveway directly beneath the power lines. The box of the truck that Gallus was operating came directly into contact with the power lines. Decedent came into contact with the truck and was electrocuted. After being hospitalized for about a week, he died.
This lawsuit ensued, and a jury trial was held. After the close of the evidence, appellants moved for a directed verdict on the ground that the district court did not have subject-matter jurisdiction under the common-enterprise doctrine of the workers'-compensation law. The district court submitted the case to the jury, which found Gallus 100% negligent and awarded damages to Hokkala. The district court then held that there was no common enterprise and ordered judgment in favor of Hokkala. Appellants made posttrial motions for JNOV and a new trial. Respondent Soil-Con moved to intervene to pursue a separate claim for increased insurance premiums under Minn. Stat. §á176.061, subd. 5(b) (2000). The district court denied appellants' posttrial motions and allowed Soil-Con to bring its claim for increased premiums.
DECISION
1. Appellants challenge the district court's conclusion that no common enterprise existed between Beck's and Soil-Con. The issue of whether a common enterprise exists as applied to undisputed facts is a question of law. O'Malley v. Ulland Br
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