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NIETING v. BLONDELL

No. 45361.

235 N.W.2d 597 (1975)

Janice R. NIETING, Respondent, v. Henry R. BLONDELL, Jr., and Sawyer Transportation, Inc., Defendants and Third-Party Plaintiffs, Appellants, v. MICHELIN TIRE CORPORATION, Third-Party Defendant, Respondent, State of Minnesota, Third-Party Defendant, Respondent.

Supreme Court of Minnesota.

Rehearing Denied December 12, 1975.

Attorney(s) appearing for the Case

Arthur Chapman & McDonough, Lommen & Cole and John P. Lommen, Minneapolis, for appellants.

DeParcq, Anderson Perl & Hunegs and Richard G. Hunegs, Minneapolis, for Nieting.

Faegre & Benson, Minneapolis, for Michelin.

Warren Spannaus, Atty. Gen., Peter W. Sipkins, Sol. Gen., John R. Murphy, Asst. Atty. Gen., St. Paul, for the State.

Gordon W. Shumaker, Jr., St. Paul, Adrian E. Herbst and Paul D. Tierney, Minneapolis, for Minnesota Trial Lawyers Assn., amicus curiae, seeking reversal.

Considered and decided by the court en banc.

MacLAUGHLIN, Justice.

Defendants appeal from an order of the district court dismissing their third-party complaint against the State of Minnesota on the ground that the state is immune from suit. For reasons stated herein we affirm as to this case, but establish a new rule of law in Minnesota for cases arising on and after August 1, 1976.

This case arises from a multiple-vehicle collision involving a tractor-trailer unit and

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