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BUCK v. FREEMAN

No. C9-00-910.

619 N.W.2d 793 (2000)

Richard BUCK as trustee for the heirs and next-of-kin of Rhonda Sue Buck, Deceased, Appellant, v. Harrison L. FREEMAN, d/b/a Freeman Fireworks Forever, et al., Kathleen Billington, Minnesota Workers' Compensation Assigned Risk Plan, et al., Respondents.

Court of Appeals of Minnesota.

December 12, 2000.

Attorney(s) appearing for the Case

Mark M. Walbran, Walbran, Furness & Leuning, Owatonna, MN, for appellant.

Paul A. Banker, Robert W. Kettering, Jr., Arthur, Chapman, Kettering, Smetak & Pikala, P.A., Minneapolis, MN, for respondents Freeman, et al.

Peter C. Sandberg, Dunlap & Seeger, Rochester, MN, for respondent Billington.

Charles E. Lundberg, Todd J. Thun, Bassford, Lockhart, Truesdell & Briggs, P.A., Minneapolis, MN, for respondents Minnesota Workers' Compensation Assigned Risk Plan, et al.

Considered and decided by KALITOWSKI, Presiding Judge, AMUNDSON, Judge, and HALBROOKS, Judge.

OPINION

HALBROOKS, Judge

Rhonda Sue Buck, an employee of Freeman Fireworks Forever, was killed in an explosion at work. The trustee of her heirs brought a negligence action against the Minnesota Workers' Compensation Assigned Risk Plan, contending it breached its statutory duty to conduct on-site safety inspections, but the district court ruled the plan was immune from suit under Minn. Stat. § 176.031 (1998). Appellant also sued respondent-owner, contending...

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