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DeVRIES v. EMBLOM

No. C9-87-2076.

420 N.W.2d 670 (1988)

Ileine DeVRIES, Trustee for heirs and next of kin of Rusty J. DeVries, Decedent, Appellant, v. Donald EMBLOM, Emblom Brothers Construction Company, Inc., Respondents.

Court of Appeals of Minnesota.

Review Denied April 28, 1988.

Attorney(s) appearing for the Case

Wilbur W. Fluegel, James Carey, Sieben, Grose, Von Holtum, McCoy & Carey, Ltd., Minneapolis, for Ileine DeVries.

James L. Haigh, Cousineau, McGuire, Shaughnessy & Anderson, Minneapolis, for Donald Emblom.

Robert H. Peahl, Peahl & Day, Minneapolis, for Emblom Bros. Const. Co., Inc.

Heard, considered and decided by NIERENGARTEN, P.J., and SEDGWICK and FORSBERG, JJ.

OPINION

SEDGWICK, Judge.

Appellant, as trustee for decedent's heirs, brought this wrongful death action against decedent's employer, respondent Emblom Brothers Construction Company ("Emblom Brothers"), and another employee, respondent Donald Emblom ("Emblom"). Decedent was electrocuted while working on power lines.

The trial court granted Emblom Brothers summary judgment on the ground that the workers' compensation statute was appellant's exclusive...

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