Jeremy MEINTSMA, Appellant,
v.
LORAM MAINTENANCE OF WAY, INC., Respondent,
Richard Lee Mendez and Steven Wayne Bachler, Respondents,
James Valenta, Respondent,
Eric Leon Havisto, et al., Defendants, 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.
Supreme Court of Minnesota.https://leagle.com/images/logo.png
July 29, 2004.
Petition for Rehearing filed August 17, 2004.
Rehearing Denied August 20, 2004.
Attorney(s) appearing for the Case
Marcia S. Rowland, Chadwick and Mertz, P.S.C., Chanhassen, for Appellant.
Joseph W. Hammell, Eric C. Sjoding, Dorsey & Whitney, L.L.P., Minneapolis, Loram Maintenance of Way, Inc.
Michelle D. Christensen, Holly J. Tchida, Murnane, Conlin, White & Brandt, St. Paul, for Richard Lee Mendez and Steven Wayne Bachler.
Lawrence M. Rocheford, Jessica E. Schwie, Jardine, Logan & O'Brien, L.L.P., Lake Elmo, for James Valenta.
Michael J. Ford, James S. McAlpine, Krista L. Durrwachter, Quinlivan & Hughes, P.A., St. Cloud, for Amicus Curiae for Minnesota Defense Lawyers Association.
Heard, considered, and decided by the court en banc.
Supreme Court of Minnesota.
OPINION
PAGE, Justice.
This case arises out of a "birthday spanking" given to appellant Jeremy Meintsma1 by five co-employees with a two-by-four fashioned into a paddle at his place of employment, Loram Maintenance of Way, on May 1, 2001. Meintsma sued Loram and the co-employees individually, alleging claims of assault and battery, aiding and abetting assault and battery, respondeat superior, negligent hiring, negligent supervision...
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