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Hokkala v. Beck's Valley Farm2/25/2003
d at trial.
The district court found that Soil-Con, as third-party defendant, had a statutory claim for increased premiums against appellants, and because the lawsuit arose out of the tortious conduct of appellants, it was not a compulsory counterclaim under Minn. R. Civ. P. 13.01. See House v. Hanson, 245 Minn. 466, 472-73, 72 N.W.2d 874, 878 (1955) (construing rule 13.01). The court noted that the wrongful-death action was the appropriate place to bring the claim, although it disagreed with Soil-Con's characterization of the claim as being one for intervention. The court also noted that the necessary parties were present, the facts supporting the nonemployer liability were presented, the determination of nonemployer liability was established, and the forum was convenient for the parties. Further, the interests of judicial economy would be served by resolving the issue in these proceedings.
Counterclaims in a tort action are not compulsory. House, 245 Minn. at 472-73, 72 N.W.2d at 878. The workers'-compensation statute specifically allows a claim for an increased premium to be brought either by joining in the personal-injury action or by a separate action. Minn. Stat. ยงรก176.061, subd. 5(b). There is no showing that the district court erred in concluding that the claim for increased premiums should be resolved in these proceedings.
Affirmed.
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