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O'MALLEY v. ULLAND BROS.

No. C1-94-2110.

529 N.W.2d 735 (1995)

Michael C. O'MALLEY, et al., Appellants, v. ULLAND BROTHERS, et al., Max Johnson Trucking, Respondents.

Court of Appeals of Minnesota.

Review Granted June 14, 1995.

Attorney(s) appearing for the Case

Kenneth R. White, Farrish, Johnson & Maschka, Mankato, for appellants Michael C. O'Malley, et al.

Janet Stellpflug, Sheryl A. Zaworski, Gilmore, Aafedt, Forde, Anderson & Gray, P.A., Minneapolis, for respondents Ulland Brothers, et al.

Diane Kotula, Johnson, Lynn & Associates, Eden Prairie, James H. Malecki, Gislason, Dosland, Hunter & Malecki, Mankato, for respondent Max Johnson Trucking.

Considered and decided by PETERSON, P.J., HUSPENI and CRIPPEN, JJ.

OPINION

HUSPENI, Judge.

Appellant Michael C. O'Malley, an employee of a subcontractor on a road construction project, received workers' compensation benefits after he was injured by the negligent act of one of the general contractor's employees. The district court determined that O'Malley was precluded from bringing a negligence action against the general contractor and the negligent employee under the common enterprise doctrine. We affirm.

FACTS...

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