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KEMPA v. E.W. COONS CO.

No. CX-83-876.

370 N.W.2d 414 (1985)

Scott KEMPA, Plaintiff, v. E.W. COONS COMPANY, Uniroyal Tire Co., Defendants and Third-Party Plaintiffs, and CLARK EQUIPMENT COMPANY, defendant and third-party plaintiff, Respondent, v. UNITED STATES STEEL CORPORATION, third-party defendant, Appellant.

Supreme Court of Minnesota.

June 14, 1985.

Attorney(s) appearing for the Case

Tyrone P. Bujold, Frederick A. Dudderar Jr., Duluth, for appellant.

John J. Killen, Duluth, for respondent.

Heard, considered and decided by the court en banc.

COYNE, Justice.

The plaintiff, Scott Kempa, was severely injured in a work-related accident involving a fork-lift truck manufactured by Clark Equipment Company (Clark). Kempa brought an action for compensatory and punitive damages against Clark and others; in turn, the defendants impleaded United States Steel Corporation (U.S. Steel), Kempa's employer, for contribution.

By special verdicts the jury attributed 80% of the fault with respect to plaintiff's injury...

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