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ENGVALL v. SOO LINE R.R. CO.

No. C6-99-64.

617 N.W.2d 444 (2000)

James J. ENGVALL, Plaintiff, v. SOO LINE RAILROAD COMPANY, d/b/a Canadian Pacific Railway Company, defendant and third-party plaintiff, petitioner, Appellant, v. General Motors Corporation, a foreign corporation, third-party defendant, Respondent.

Court of Appeals of Minnesota.

September 26, 2000.

Attorney(s) appearing for the Case

Eric J. Magnuson, Jeffrey R. Schmidt, Peter Gray, Rider, Bennett, Egan & Arundel, LLP, Minneapolis, MN (for appellant)

David M. Heilbron, pro hac vice, Robert A. Brundage, McCutchen, Doyle, Brown & Enersen, LLP, Three Embarcadero Center, San Francisco, CA, Mickey W. Greene, Lezlie Ott Marek, Hanson, Marek, Bolkcom & Greene, Ltd., Minneapolis, MN, and Thomas J. Sweeney, Mark E. Gebauer, Eckert, Seamens, Cherin & Mellott, LLC, Pittsburgh, PA, for respondent.

Glenn Olander-Quamme, Spence, Ricke, Sweeney & Gernes, P.A., St. Paul, MN, and Louis P. Warchot, Daniel Saphire, Association of American Railroads Law Department, Washington, D.C., for amicus curiae Association of American Railroads.

Considered and decided by WILLIS, Presiding Judge, LANSING, Judge, and FOLEY, Judge.

OPINION

WILLIS, Judge

Plaintiff sued his employer, appellant Soo Line Railroad Company, for injuries plaintiff suffered in applying a handbrake on a locomotive. Soo Line filed a third-party complaint against respondent General Motors Corporation, the manufacturer of the locomotive, seeking contribution and indemnity. The district court granted General Motors' motion for summary judgment, concluding that Soo Line's claims were preempted by the federal Locomotive...

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