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MINNESOTA BREWING CO. v. EGAN & SONS CO.

No. C3-96-1724.

574 N.W.2d 54 (1998)

MINNESOTA BREWING COMPANY, Respondent, v. EGAN & SONS CO., petitioner, Appellant.

Supreme Court of Minnesota.

January 22, 1998.

Attorney(s) appearing for the Case

William M. Bradt, Hansen, Dordell, Bradt, Odlaug & Bradt, St. Paul, for Appellant.

Ted E. Sullivan, Eric A. Nerness, William L. Davidson, Lind, Jensen & Sullivan, Minneapolis, for Respondent.

John G. Brian, III, Brad J. Miller, Felhaber, Larson, Fenlon & Vogt, St. Paul, for amicus curiae Minnesota Specialty Contractors Trade Associations.

A. Patrick Leighton, Leonard W. Glewwe, Moore, Costello & Hart, P.L.L.P., St. Paul, for amicus curiae Associated General Contractors of Minnesota.

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

OPINION

BLATZ, Justice.

This case raises the question of whether an employer asserting its subrogation right under Minnesota's Workers' Compensation Act ("Act") can collect workers' compensation benefits paid and payable to its injured employee from a third party engaged in a common enterprise with the employer without proving negligence. Alfred Berget was injured in a work-related accident and subsequently elected to collect workers' compensation benefits...

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