TIERNEY v. ARROWHEAD CONCRETE WORKS, INC.

No. A10-557.

791 N.W.2d 540 (2010)

Michael T. TIERNEY, as Trustee for the Surviving Dependent Spouse, Heirs and Next-of-Kin of Harlan Ficken, Decedent, Appellant, v. ARROWHEAD CONCRETE WORKS, INC., Respondent, J.L. Carlson and Associates, Inc., Respondent, Alan Seline, Defendant.

Court of Appeals of Minnesota.

November 23, 2010.


Attorney(s) appearing for the Case

Mark L. Knutson , Dryer Storaasli Knutson & Pommerville, Ltd., Duluth, MN, for appellant.

Deborah C. Eckland , Scott R. Johnson , Goetz & Eckland, P.A., Minneapolis, MN, for respondent, J.L. Carlson and Associates.

Considered and decided by STONEBURNER, Presiding Judge; WRIGHT, Judge; and ROSS, Judge.


OPINION

STONEBURNER, Judge.

Appellant is the trustee for the heirs and next-of-kin of a commercial tractor-trailer driver who was killed in a traffic accident allegedly caused by failure of respondent J.L. Carlson and Associates Inc., driver's employer, to comply with federally mandated safety requirements for equipment and maintenance of the tractor-trailer. Appellant sued respondent for wrongful death, asserting that 49 U.S.C. §§ 14704(a)(2)...

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