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O'MALLEY v. ULLAND BROS.

No. C1-94-2110.

549 N.W.2d 889 (1996)

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

Supreme Court of Minnesota.

Rehearing Denied July 8, 1996.

Attorney(s) appearing for the Case

Kenneth R. White, Farrish, Johnson & Maschka, Mankato, for Appellants.

Janet Stellpflug, Gilmore, Aafedt, Forde, Anderson & Gray, P.A., Minneapolis, for Respondents.

Considered and decided by the court en banc without oral argument.

OPINION

ANDERSON, Justice.

Michael C. O'Malley, an employee of Max Johnson Trucking, was injured when the "belly-dump" truck driven by him was struck from behind by a road grader driven by Ulland Brothers, Inc. employee, John Lee. At the time of the injury, O'Malley was working on a repair project for Interstate Highway 90 near Stewartville, Minnesota. Ulland Brothers was the general contractor for the project and Max Johnson was a subcontractor hired by...

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