CARSTENS v. MAYERS, INC.

No. C4-97-1578.

574 N.W.2d 733 (1998)

Wayne CARSTENS, Respondent, v. MAYERS, INC., defendant and third-party plaintiff, Appellant, v. COMMERCIAL CONTRACTORS COMPANY OF MELROSE, INC., third-party defendant, Respondent.

Court of Appeals of Minnesota.

Review Denied March 26, 1998.


Attorney(s) appearing for the Case

Robert J. King, Jr., Hvass, Weisman & King, Chartered, Minneapolis, for respondent Wayne Carstens.

Corrine L. Evenson, Michael D. LaFountaine, Quinlivan, Sherwood, Spellacy & Tarvestad, P.A., St. Cloud, for appellant.

Considered and decided by CRIPPEN, P.J., and SCHUMACHER and HOLTAN, JJ.


OPINION

CRIPPEN, Judge.

The trial court denied the motion of appellant Mayers, Inc. for summary judgment against respondent Wayne Carstens. Carstens, an employee of respondent Commercial Contractors Company, was injured while at work and initiated this third-party liability suit. Appellant disputes the trial court's conclusion that appellant had failed to show its common enterprise with Commercial, so that the court had subject matter jurisdiction to

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