Cited by

Opinions in Minnesota that cite Tolbert v. Gerber Industries, Inc., 255 N.W.2d 362.

85 citing documents.

Jacquelyn Karre, et al., Plaintiffs, Minn. Ct. App. 2026
at 874 (citing Tolbert v. Gerber Indus., Inc., (overruling one of the five indemnity rules explained in Hendrickson v. Minn. Power & Light Co., and highlighting that the supreme court distinguishes between common-law and contractual indemnification)); see also In re Indiv.
Hermann Horst, Appellant, Minn. Ct. App. 2021
acturer who had duty to provide reasonably safe product); see also Hendrickson v. Minn. Power & Light Co., d 843, 847-48 (Minn. 1960) (holding that, because no common liability exist s between an employer, who is immune from tort liability, and a third-party tortfeasor, no statutory right of contribution exists ), overruled in part on other grounds by Tolbert v. Gerber Indus., Inc., .
Christina Ginther, Plaintiff, Minn. Ct. App. 2020
See Hendrickson v. Minn. Power & Light Co., , overruled in part by Tolbert v. Gerber Indus., Inc.
Frederick S. Fish, Minn. 2019
Our leading case was Hendrickson v. Minnesota Power & Light Co., overruled in part on other grounds by Tolbert v. Gerber Indus., Inc.
Minn. 2019
332, 345 (D. Minn. 1999); Hendrickson v. Minn. Power & Light Co., overruled in part on other grounds, Tolbert v. Gerber Indus., Inc.
Miller v. Soo Line R.R. Co. 925 N.W.2d 642 Minn. Ct. App. 2019
Miller v. Soo Line R.R. Co. 925 N.W.2d 642 Minn. Ct. App. 2019
See Tolbert v. Gerber Indus., Inc. , , 367-68 (Minn. 1977) ("By limiting the reallocation of loss between joint tortfeasors to contribution based upon relative fault, the more culpable tortfeasor will continue to bear a greater share of the loss, but at the same time his joint tortfeasor will not continue to escape all liability....").
Fish v. Ramler Trucking, Inc. 923 N.W.2d 337 Minn. Ct. App. 2019
Fish v. Ramler Trucking, Inc. 923 N.W.2d 337 Minn. Ct. App. 2019
Hendrickson v. Minn. Power & Light Co. , 258 Minn. 368 , , 849 (1960), overruled in part on other grounds by Tolbert v. Gerber Indus., Inc.
Dewitt v. London Rd. Rental Ctr., Inc. 910 N.W.2d 412 Minn. 2018
Dewitt v. London Rd. Rental Ctr., Inc. 910 N.W.2d 412 Minn. 2018
Hendrickson v. Minn. Power & Light Co. , 258 Minn. 368 , , 848 (1960), overruled in part by Tolbert v. Gerber Indus., Inc. , , 366-67 (Minn. 1977).
RK Midway, LLC v. Metropolitan Council Minn. Ct. App. 2017
RK Midway, LLC v. Metropolitan Council Minn. Ct. App. 2017
See, 16 n.1 (Minn. 1977) (describing various theories on which joint tortfeasors may be held liable).
Cheri Glassick v. Wells Federal Bank, Stewart Title Guaranty Company, Northwest Title Agency, Inc., Tim Breuer, Manufacturers Bank … Minn. Ct. App. 2016
Cheri Glassick v. Wells Federal Bank, Stewart Title Guaranty Company, Northwest Title Agency, Inc., Tim Breuer, Manufacturers Bank … Minn. Ct. App. 2016
In Tolbert v. Gerber Indus., Inc., the supreme court stated that a party may be entitled to indemnification when “the party seeking indemnity is without personal fault, but is exposed to liability because of the failure of another to perform a duty which he was legally or contractually obligated to perform.”
Jessica Mattson v. City of Rushford, Minnowa Construction, Inc., State of Minnesota Department of Transportation, Edwards and Kelcey, … Minn. Ct. App. 2016
Jessica Mattson v. City of Rushford, Minnowa Construction, Inc., State of Minnesota Department of Transportation, Edwards and Kelcey, … Minn. Ct. App. 2016
Indemnity applies when, among other situations, “the one seeking indemnity has only a derivative or vicarious liability for damage caused by the one sought to be charged.” Tolbert v. Gerber Industries, Inc.
Staab v. Diocese of St. Cloud 813 N.W.2d 68 Minn. 2012
Staab v. Diocese of St. Cloud 813 N.W.2d 68 Minn. 2012
At common law, “liability is created at the instant [a] tort is committed.” White v. Johnson, 272 Minn. 363, 371 , overruled on other grounds by Tolbert v. Gerber Indus., Inc., , 368 n. 11 (Minn.1977) (adopting comparative fault contribution).
United Prairie Bank-Mountain Lake v. Haugen Nutrition & Equipment, LLC 813 N.W.2d 49 Minn. 2012
United Prairie Bank-Mountain Lake v. Haugen Nutrition & Equipment, LLC 813 N.W.2d 49 Minn. 2012
quently, pays damages for which the other party is primarily liable”); Zontelli & Sons, (explaining that a party is entitled to indemnification for its liability " '[wjhere the one seeking indemnity has incurred liability because of a breach of duty owed to him by the one sought to be charged' ” (quoting Tolbert v. Gerber Indus., Inc., )); Hendrickson v. Minn. Power & Light Co., 258 Minn. 368 , 371, (stating that "indemnity is appropriate where one party has a primary or greater liabilit
In Re Individual 35w Bridge Litigation 786 N.W.2d 890 Minn. Ct. App. 2010
In Re Individual 35w Bridge Litigation 786 N.W.2d 890 Minn. Ct. App. 2010
p; Omaha Railway, 235 Minn. 304 , the running of a statute of limitations against a co-tort-feasor, see Gustafson v. Johnson, 235 Minn. 358, 364 , failure to provide statutory notice to a municipal co-tortfeasor, see White v. Johnson, 272 Minn. 363, 372 , overruled on other grounds [;] Tolbert v. Gerber Industries, Inc., -68 (1977); and failure to provide statutory notice to a dramshop defendant
Trigger's Supper Club v. Sunridge Farms, Inc. 647 N.W.2d 1 Minn. Ct. App. 2002
In Re Shigellosis Litigation 647 N.W.2d 1 Minn. Ct. App. 2002
Trigger's Supper Club v. Sunridge Farms, Inc. 647 N.W.2d 1 Minn. Ct. App. 2002
See Tolbert v. Gerber Indus., Inc., -68 (Minn.1977) (noting indemnity generally shifts loss away from faultless party who is nevertheless liable in tort); City of Willmar v. Short-Elliotf-Hendrickson, Inc., (stating contribution “not based upon contract or tort, * * * but on one party paying more than its fair share o
In Re Shigellosis Litigation 647 N.W.2d 1 Minn. Ct. App. 2002
See Tolbert v. Gerber Indus., Inc., -68 (Minn.1977) (noting indemnity generally shifts loss away from faultless party who is nevertheless liable in tort); City of Willmar v. Short-Elliott-Hendrickson, Inc., (stating contribution "not based upon contract or tort, * * * but on one party paying more than its fair share
Engvall v. Soo Line Railroad Co. 632 N.W.2d 560 Minn. 2001
Engvall v. Soo Line Railroad Co. 632 N.W.2d 560 Minn. 2001
Unlike contribution, where responsibility for damages is reallocated based on relative fault, indemnity “shifts the entire loss from one culpable wrongdoer to another.” Tolbert v. Gerber Indus., Inc., , 367 & n. 9 (Minn.1977).
Engvall v. Soo Line Railroad Company 617 N.W.2d 444 Minn. Ct. App. 2000
Engvall v. Soo Line Railroad Company 617 N.W.2d 444 Minn. Ct. App. 2000
Soo Line argues that indemnity does not require common liability but arises “where the one seeking indemnity has incurred liability because of a breach of duty owed to him by the one sought to be charged” or “where the one seeking indemnity has only a derivative or vicarious liability for damages caused by the one sought to be charged.” See Tolbert v. Gerber Indus., Inc., (citation omitted).
Senn v. Youngstedt 589 N.W.2d 314 Minn. Ct. App. 1999
Senn v. Youngstedt 589 N.W.2d 314 Minn. Ct. App. 1999
so Hendrickson v. Minnesota Power & Light Co., 258 Minn. 368, 370 , (“Contribution is the remedy securing the right of one who has discharged more than his fair share of a common liability or burden to recover from another who is also liable the proportionate share which the other should pay or bear.”), , 368 n. 11 (Minn.1977).
Hedged Investment Partners, L.P. v. Norwest Bank Minnesota, N.A. 578 N.W.2d 765 Minn. Ct. App. 1998
Hedged Investment Partners, L.P. v. Norwest Bank Minnesota, N.A. 578 N.W.2d 765 Minn. Ct. App. 1998
We also remand for consideration of Nor-west’s contract defenses of impediment to contract^ see In re Hennepin County 1986 Recycling Bond Litigation, indemnity, see Tolbert v. Gerber Industries, Inc., .
Decker v. Brunkow 557 N.W.2d 360 Minn. Ct. App. 1996
Decker v. Brunkow 557 N.W.2d 360 Minn. Ct. App. 1996
Hendrickson v. Minnesota Power & Light Co., 258 Minn. 368, 374-75 , , 368 n. 11 (Minn.1977).
Hermeling v. Minnesota Fire & Casualty Co. 548 N.W.2d 270 Minn. 1996
Hermeling v. Minnesota Fire & Casualty Co. 548 N.W.2d 270 Minn. 1996
Id.; Hendrickson v. Minnesota Power & Light Co., 258 Minn. 368, 371 , -47 (1960), overruled in part by Tolbert v. Gerber Indus., Inc., , 368 n. 11 (1977).
City of Willmar v. Short-Elliott-Hendrickson, Inc. 512 N.W.2d 872 Minn. 1994
City of Willmar v. Short-Elliott-Hendrickson, Inc. 512 N.W.2d 872 Minn. 1994
See, e.g., White v. Johnson, 272 Minn. 363 , overruled on other grounds, Tolbert v. Gerber Indus., Inc., , 368 n. 11 (Minn.1977) (adopting comparative fault contribution).
Blomgren v. Marshall Management Services, Inc. 483 N.W.2d 504 Minn. Ct. App. 1992
Blomgren v. Marshall Management Services, Inc. 483 N.W.2d 504 Minn. Ct. App. 1992
Hendrickson v. Minnesota Power & Light Co., 258 Minn. 368, 371 , -47 (1960), overruled in part by Tolbert v. Gerber Indus., Inc., , 368 n. 11 (1977).
Schneider v. Buckman 412 N.W.2d 787 Minn. Ct. App. 1987
Schneider v. Buckman 412 N.W.2d 787 Minn. Ct. App. 1987
Tolbert v. Gerber Industries, Inc.
Hoffmann v. Wiltscheck 411 N.W.2d 923 Minn. Ct. App. 1987
Hoffmann v. Wiltscheck 411 N.W.2d 923 Minn. Ct. App. 1987
See Northern Pacific Railway Co. v. Minnesota Transfer Railway Co., 219 Minn. 8, 12 , see also Hendrickson v. Minnesota Power & Light Co., 258 Minn. 368, 372 , (indemnity rights of one with only a derivative or vicarious liability), overruled in part, Tolbert v. Gerber Industries, Inc.
Shore v. Minneapolis Auto Auction, Inc. 410 N.W.2d 862 Minn. Ct. App. 1987
Shore v. Minneapolis Auto Auction, Inc. 410 N.W.2d 862 Minn. Ct. App. 1987
The law of indemnification was discussed in depth by the Minnesota Supreme Court in Hendrickson v. Minnesota Power & Light Co., 258 Minn. 368 , overruled in part by Tolbert v. Gerber Industries, Inc.
Zontelli & Sons, Inc. v. City of Nashwauk 373 N.W.2d 744 Minn. 1985