JOHNSON v. DULUTH, MISSABE & IRON RANGE

No. CX-88-2372.

437 N.W.2d 727 (1989)

Keith A. JOHNSON, Appellant, v. DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY, Respondent.

Court of Appeals of Minnesota.

Review Denied May 24, 1989.


Attorney(s) appearing for the Case

Patrick S. O'Brien, Pratt & Callis, P.C., East Alton, Ill., Gary J. Halom, Ashley, Hannula & Halom, Superior, Wis., for Keith A. Johnson.

D. Edward Fitzgerald Hanft, Fride, O'Brien, Harries, Swelbar & Burns, Duluth, for Duluth, Missabe and Iron Range Ry. Co.

Heard, considered and decided by RANDALL, P.J., KALITOWSKI and SCHULTZ, JJ.


HAROLD W. SCHULTZ, Judge.

Appellant was injured while working at respondent's Two Harbors ore docks and taconite storage facility. This action was brought under the Federal Employers' Liability Act, 45 U.S.C. §§ 51-60 (1986). Respondent moved for summary judgment, contending appellant's sole remedy was that provided by the Longshore and Harbor Workers' Compensation Act. The trial court granted respondent's motion for summary judgment, and Johnson has appealed...

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