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SUTHERLAND v. BARTON

No. C7-96-2018.

570 N.W.2d 1 (1997)

Marlys SUTHERLAND, Trustee for the Heirs of Rene Sutherland, Decedent, Respondent, v. Tom BARTON, Defendant. WALDORF CORPORATION, defendant and third-party plaintiff, petitioner, Appellant, v. MUSKA ELECTRIC CO., third party defendant, Respondent.

Supreme Court of Minnesota.

October 23, 1997.

Attorney(s) appearing for the Case

Michael S. Kreidler, Leo I. Brisbois, Stich, Angell, Kreidler, Brownson & Ballou, P.A., Minneapolis, for Appellant.

Thomas L. Garrity, Christenson & Stocco, Minneapolis, for Respondent Muska Electric Co.

Mitchell R. Spector, Abrams & Spector, P.A., Minneapolis, for Respondent Sutherland.

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

OPINION

ANDERSON, Justice.

On Monday morning, January 30, 1995, Rene Sutherland was tragically killed in a workplace accident at the Waldorf Corporation paper plant in St. Paul, Minnesota. Sutherland was an employee of Muska Electric Company at the time of the accident. An experienced electrician, Sutherland was acting within the scope of his employment for Muska and under a contract for work that Muska was to perform for Waldorf. Following the accident...

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