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UNITED FIRE & CAS. CO. v. MAW

No. C3-93-1613.

510 N.W.2d 241 (1994)

UNITED FIRE & CASUALTY COMPANY, Appellant, v. Michael Wade MAW, Defendant, Kurt Fredrick Merkle, et al., Raymond James Staples, Respondents. Kurt Fredrick MERKLE, et al., third-party plaintiffs, Respondents, v. GENERAL ACCIDENT GROUP, third-party defendant, Respondent.

Court of Appeals of Minnesota.

January 4, 1994.

Attorney(s) appearing for the Case

Dean K. Johnson, Johnson & Lindberg, P.A., Minneapolis, for appellant.

David H. Bailly, David H. Bailly, Ltd., Minneapolis, for Kurt Frederick Merkle, et al.

Jackson S. Baehman, Horvei, Gubbe & Krueger, P.A., Roseville, for Raymond James Staples.

Kenneth P. Gleason, James M. Lehman, Mahoney, Dougherty and Mahoney, Minneapolis, for Gen. Acc. Group.

Considered and decided by ANDERSON, C.J., and KALITOWSKI and FLEMING, JJ.

OPINION

FLEMING, Judge.

Appellant insurer challenges the district court's conclusion that injuries sustained by an employee of the insured did not arise out of, and in the course of, the employee's employment. We reverse.

FACTS

Raymond Staples worked as a laborer on one of Greystone Masonry's concrete crews. The foreman of Staples's crew, Bob Orchard, scheduled the order of projects on which the crew worked. The crew usually worked on more...

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