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SARGENT v. JOHNSON

No. 81-1097.

323 N.W.2d 767 (1982)

Paul F. SARGENT, Plaintiff, v. Robert J. JOHNSON, Architect, Defendant, and AXEL H. OHMAN, INC., a corporation, Defendant and Third-Party Plaintiff, v. PRESTON-HAGLIN CO., a corporation, Third-Party Defendant and Fourth-Party Plaintiff, v. LIBERTY MUTUAL INSURANCE COMPANY, Fourth-Party Defendant.

Supreme Court of Minnesota.

August 27, 1982.

Attorney(s) appearing for the Case

Grose, Von Holtum, Von Holtum, Sieben & Schmidt and David A. Stofferahn, Minneapolis, for plaintiff.

Gilmore, deLambert, Aafedt, Eustis & Forde and Curtis C. Gilmore and Janet Monson, Minneapolis, for defendant.

Considered and decided by the court en banc without oral argument.

WAHL, Justice.

Plaintiff Paul Sargent seeks to allocate his $900,000 settlement from a personal-injury action in federal court between proceeds recoverable under workers' compensation and those not recoverable. Recognizing that whether Sargent is entitled to such an allocation is a question of state law, the United States District Court, District of Minnesota, certified to our court the following question: "Under the facts of this case, is the plaintiff entitled to...

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