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SCHLEICHER v. LUNDA CONST. CO.

Nos. C1-85-2035, C6-85-2080.

406 N.W.2d 311 (1987)

Donald SCHLEICHER, Respondent, v. LUNDA CONSTRUCTION COMPANY, Respondent, Advance Shoring Company, Petitioners, Appellant. ADVANCE SHORING COMPANY, defendant and third party plaintiff, petitioner, Appellant, v. CEMSTONE PRODUCTS COMPANY, third party defendant, Respondent, John Edman, Third Party Defendant.

Supreme Court of Minnesota.

May 22, 1987.

Attorney(s) appearing for the Case

Richard T. McHaffie, St. Paul, for appellant.

Patrick K. Horan, Mark D. Streed, Minneapolis, for Donald Schleicher.

James A. Schaps, John H. Guthman, St. Paul, for Lunda Const.

Mark A. Fonken, St. Paul, for Cemstone Products.

Heard, considered, and decided by the court en banc.

WAHL, Justice.

This appeal raises the question of the proper application of the election of remedies and common enterprise provisions of the workers' compensation law, Minn.Stat. § 176.061, subds. 1 and 4 (1986).

Plaintiff Donald Schleicher, a truck driver injured while unloading concrete at a construction site, sued general contractor Lunda Construction Co. and subcontractor Advance Shoring Co. in tort for negligence, after collecting workers compensation...

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