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KLEMETSEN v. STENBERG CONST. CO., INC.

No. C4-87-543.

424 N.W.2d 70 (1988)

Linda KLEMETSEN as trustee for the heirs of Mylan Klemetsen, deceased, Respondent, v. STENBERG CONSTRUCTION COMPANY, INC., Defendant and Third Party Plaintiff, Petitioner, Appellant, City of International Falls, Defendant and Third Party Plaintiff, Respondent, v. Ronnie A. NELSON, d.b.a. Nelson Excavating Company, Third Party Defendant, Respondent.

Supreme Court of Minnesota.

June 3, 1988.

Attorney(s) appearing for the Case

Wayne D. Tritbough, Minneapolis, for appellant.

David J. Moskal, Peter H. Berge, Minneapolis, for Klemetsen.

Merlyn C. Green, St. Paul, for City of International Falls.

Richard C. Mollin, International Falls, for Ronnie Nelson.

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

COYNE, Justice.

The court of appeals held that a general contractor, who is liable for workers' compensation benefits to an uninsured subcontractor's employee under Minn.Stat. § 176.215 (1982), is not immune from a wrongful death action on behalf of the heirs of the subcontractor's deceased employee. We affirm.

The employee, a construction worker, was fatally injured in 1983 when a trench he was working in collapsed. Plaintiff, as trustee for the employee...

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