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WILKEN v. INTERNATIONAL HARVESTER CO.

No. C9-84-118.

363 N.W.2d 763 (1985)

Charles WILKEN and LaVerle Wilken, Plaintiffs, v. INTERNATIONAL HARVESTER COMPANY, Defendant and Third Party Plaintiff. TRAFFIC TRANSPORT ENGINEERING, INC. Defendant and Third Party Plaintiff, v. CLARK TRANSPORT COMPANY, INC., Third Party Defendant.

Supreme Court of Minnesota.

March 8, 1985.

Attorney(s) appearing for the Case

Michael Healey, St. Paul, for Wilken.

Richard A. Bowman, Minneapolis, for Intern. Harvester Co.

Robert T. Stich, Minneapolis, William M. Bradt, St. Paul, for Clark Transport Co.

Heard, considered and decided by the court en banc.

SIMONETT, Justice.

Under Lambertson v. Cincinnati Corp., 312 Minn. 114, 257 N.W.2d 679 (Minn.1977), a third-party tortfeasor is entitled to contribution from a negligent employer in an amount proportional to the employer's fault "but not to exceed its total workers' compensation liability to plaintiff." Id. at 689. This case presents us with certified questions as to what compensation benefits are to be included in...

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