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Gunderson v. Harrington9/6/2001
f the court of appeals, Buck v. Freeman, 619 N.W.2d 793, 796 n.3 (Minn. App. 2000) (concluding that appellant failed to present a genuine issue for trial on claim that principal was co-employee because appellant presented no evidence that respondent organized his business as a corporation), and decisions from other jurisdictions. See Crees v. Chiles, 437 N.W.2d 249 (Iowa App. 1988) (holding that corporation is the employer for purposes of the state workers' compensation act); see also Barnette v. Doyle, 622 P.2d 1349, 1352-55 (Wyo. 1981) (holding that president, director, and shareholder of corporation was co-employee). Gunderson further argues that the court of appeals decision would require workers' compensation insurers to insure "alter egos" as "employers."
Finally, Gunderson argues that even if the court determines Harrington is her employer for purposes of the WCA, she has raised genuine issues of material fact regarding Harrington's liability under the intentional injury exception to the statute. She argues that Minnesota law does not immunize employers who assault and batter their employees. Gunderson maintains that the court of appeals improperly intruded on the province of the trier of fact by making a credibility determination at the summary judgment stage and making a factual determination as to Harrington's intent. Further, Gunderson asserts that the ruling below has created an impossible burden of production requiring an admission by the employer that he intended to injure the employee.
Harrington counters that the workers' compensation definition of employer, "any person who employs another to perform a service for hire," Minn. Stat. ยง 176.011, subd. 10, unambiguously establishes that he was Gunderson's employer at the time of the alleged assaults. Further, Harrington argues that changing the form of his business from a sole proprietorship to a corporation, without change as to substance, should not strip him of the protection he would have had as a sole proprietor under the workers' compensation statute. Harrington asserts that if Gunderson is allowed to maintain a common law suit against him it would frustrate the legislative intent of mutual renunciation of common law rights and defenses embodied in the workers' compensation scheme.
Harrington further contends that Gunderson has failed to state facts supporting a claim under the intentional injury exception to the WCA. He cites Gunderson's failure to seek medical attention until advised to do so by the police, her deposition testimony that she did not know whether Harrington meant to hurt her and her characterization of the first four assaults as "little swats on the head." Harrington argues that a reasonable jury could at worst infer that he acted impulsively or reflexively but could not find he acted with "the mental deliberation necessary to form an actual intent to injure." Any other finding, Harrington argues, would require the use of the "implied intent" or "substantial certainty" tests rejected by this court in claims involving the intentional injury exception to the WCA. See Hildebrandt v. Whirlpool Co., 364 N.W.2d 394, 396-97 (Minn. 1985).
I.
On review of summary judgment, we view the evidence in the light most favorable to the party against whom summary judgment was rendered. Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn. 1993). The court determines whether there are any genuine issues of material fact and whether the district court erred in its application of the law. State by Cooper v. French, 460 N.W.2d 2, 4 (Minn. 1990). The interpretation of a statute and the determination of whether a genuine issue of material fact exists are subject to de novo review. Brookfield Trade Cente
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