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HAFNER v. IVERSON

No. C9-83-142.

343 N.W.2d 634 (1984)

Michael HAFNER, et al., Plaintiffs, v. David Thomas IVERSON, Defendant and Third Party Plaintiff, BURLINGTON NORTHERN, INC., Defendant and Third Party Plaintiff, Appellant, v. COLLINS ELECTRIC, Third Party Defendant, Respondent.

Supreme Court of Minnesota.

January 27, 1984.

Attorney(s) appearing for the Case

Donald E. Engle, H.K. Bradford, Jr., Michael Saeger, Burlington Northern, Inc., St. Paul, for David Thomas Iverson, defendant and third party plaintiff, and Burlington Northern, Inc., defendant and third party plaintiff.

J.W. Cragg, Cragg & Bailly, Ltd., Minneapolis, for respondent.

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

SIMONETT, Justice.

We do not believe, on the facts of this case, that any negligence of the third-party plaintiff truck driver was, as a matter of law, a superseding, intervening cause of the accident; we reverse the directed verdict for the third-party defendant and remand for a new trial.

Plaintiffs Lloyd Barrett and Michael Hafner are employees of Collins Electric. On the morning of June 21, 1979, they were in a bucket attached to a truck crane which extended...

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