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MEINSTMA v. LORAM MAINTENANCE OF WAY, INC.

Nos. A03-416, A03-425, A03-861.

672 N.W.2d 224 (2003)

Jeremy MEINSTMA, Respondent (A03-416, A03-425), Appellant (A03-861), v. LORAM MAINTENANCE OF WAY, INC., Respondent, Richard Lee Mendez, et al., Appellants (A03-416), Defendants (A03-861), James Valenta, Appellant (A03-425), and Loram Maintenance of Way, Inc., Cross-Claim Plaintiff, v. Dennis Darnell Ramsey, et al., Cross-Claim Defendants, and Loram Maintenance of Way, Inc., Third-Party Plaintiff, v. United Steelworkers of America, Local 2002, Third-Party Defendant.

Court of Appeals of Minnesota.

December 16, 2003.

Attorney(s) appearing for the Case

Michelle D. Christensen, Holly J. Tchida, Murnane, Conlin, White & Brandt, P.A., St. Paul, MN, for appellants Richard Mendez et al.

Lawrence M. Rocheford, Jessica E. Schwie, Jardine, Logan & O'Brien, P.L.L.P., Lake Elmo, MN, for appellant James Valenta.

Marcia S. Rowland, Standke, Greene & Greenstein, Ltd., Minnetonka, MN, for Jeremy Meinstma.

Joseph W. Hammell, Eric C. Sjoding, Dorsey & Whitney, LLP, Minneapolis, MN, for respondent Loram Maintenance of Way.

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

OPINION

STONEBURNER, Judge.

Jeremy Meinstma sued his employer and five co-employees for injuries arising out of an on-the-job "birthday spanking" by the co-employees with a two-by-four fashioned into a long paddle. The employer and co-employees moved for summary judgment based on the exclusivity provisions of the workers' compensation act (the WCA). The district court granted summary judgment to the employer but denied the co-employees' motions for summary...

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