Cited by
Opinions in Minnesota that cite Lambertson v. Cincinnati Corp., 257 N.W.2d 679.
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Konken v. Oakland Farmers' Elevator Co.
425 N.W.2d 302
Minn. Ct. App. 1988
The Workers’ Compensation Act essentially creates a “non-fault recovery system for accidents arising out of and in the course of employment.” Lambertson v. Cincinnati Corp., 312 Minn. 114, 120 , see also Minn.Stat.
- Hodder v. Goodyear Tire & Rubber Co. 426 N.W.2d 826 Minn. 1988
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Hodder v. Goodyear Tire & Rubber Co.
426 N.W.2d 826
Minn. 1988
For example, see Lambertson v. Cincinnati Corp., 312 Minn. 114 , and their progeny.
- Todalen v. United States Chemical Co. 424 N.W.2d 73 Minn. Ct. App. 1988
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Todalen v. United States Chemical Co.
424 N.W.2d 73
Minn. Ct. App. 1988
See Lambertson v. Cincinnati Corp., 312 Minn. 114 , see also Kordosky v. Conway Fire & Safety, Inc.
- Klemetsen v. STENBERG CONST. CO., INC. 415 N.W.2d 887 Minn. Ct. App. 1987
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Klemetsen v. STENBERG CONST. CO., INC.
415 N.W.2d 887
Minn. Ct. App. 1987
See, e.g., Lambertson v. Cincinnati Corporation, 312 Minn. 114
- Locher v. Gareis 411 N.W.2d 273 Minn. Ct. App. 1987
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Locher v. Gareis
411 N.W.2d 273
Minn. Ct. App. 1987
See Lambertson v. Cincinnati Corp., 312 Minn. 114, 121
- Shore v. Minneapolis Auto Auction, Inc. 410 N.W.2d 862 Minn. Ct. App. 1987
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Shore v. Minneapolis Auto Auction, Inc.
410 N.W.2d 862
Minn. Ct. App. 1987
Recreational Engineering, however, argues that Lambertson v. Cincinnati Corp., 312 Minn. 114 , has eroded the Lunderberg holding.
- Nelson v. Larsen 405 N.W.2d 455 Minn. Ct. App. 1987
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Nelson v. Larsen
405 N.W.2d 455
Minn. Ct. App. 1987
In particular, they rely on Lambertson v. Cincinnati Corp., 312 Minn. 114 , where the supreme court allowed a claim for contribution against a negligent employer by a third party manufacturer, despite the exclusivity of the workers’ compensation statute.
- Buttz v. Bergeson 392 N.W.2d 917 Minn. Ct. App. 1986
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Buttz v. Bergeson
392 N.W.2d 917
Minn. Ct. App. 1986
Lambertson v. Cincinnati Corp., 312 Minn. 114, 119 , Bisbee v. Ruppert, 306 Minn. 39, 48-49
- Germann v. F.L. Smithe Co. 384 N.W.2d 227 Minn. Ct. App. 1986
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Germann v. F.L. Smithe Co.
384 N.W.2d 227
Minn. Ct. App. 1986
§ 549.09 does not alter the rule in Lambertson v. Cincinnati Corporation, 312 Minn. 114 , that the employer’s contribution to a third party is not to exceed its total workers’ compensation liability to the plaintiff/employee.
- Kempa v. E.W. Coons Co. 370 N.W.2d 414 Minn. 1985
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Kempa v. E.W. Coons Co.
370 N.W.2d 414
Minn. 1985
See Lambertson v. Cincinnati Corp., 312 Minn. 114
- Haase v. Haase 369 N.W.2d 311 Minn. Ct. App. 1985
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Haase v. Haase
369 N.W.2d 311
Minn. Ct. App. 1985
Lambertson v. Cincinnati Corp., 312 Minn. 114,122
- Peterson v. Little-Giant Glencoe Portable Elevator Division of Dynamics Corp. of America 366 N.W.2d 111 Minn. 1985
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Peterson v. Little-Giant Glencoe Portable Elevator Division of Dynamics Corp. of America
366 N.W.2d 111
Minn. 1985
Lambertson v. Cincinnati Corp., 312 Minn. 114
- Yates v. Hanna Min. Co., Inc. 365 N.W.2d 783 Minn. Ct. App. 1985
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Yates v. Hanna Min. Co., Inc.
365 N.W.2d 783
Minn. Ct. App. 1985
The Cambern majority observed: The dissent points out that since Lambertson v. Cincinnati Corp., 312 Minn. 114 , the manufacturer has had a contribution claim against the plaintiff’s employer and, therefore, can sue the employer as a third-party defendant.
- Wilken v. International Harvester Co. 363 N.W.2d 763 Minn. 1985
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Wilken v. International Harvester Co.
363 N.W.2d 763
Minn. 1985
Under Lambertson v. Cincinnati Corp., 312 Minn. 114 , a third-party tortfeasor is entitled to contribution from a negligent employer in an amount proportional to the employer’s fault “but not to exceed its total workers’ compensation liability to plaintiff.” Id.
- Isker v. Gardner 360 N.W.2d 468 Minn. Ct. App. 1985
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Isker v. Gardner
360 N.W.2d 468
Minn. Ct. App. 1985
We have also examined Lambertson v. Cincinnati Corporation, 312 Minn. 114
- Bekis v. Schilling 357 N.W.2d 362 Minn. Ct. App. 1984
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Bekis v. Schilling
357 N.W.2d 362
Minn. Ct. App. 1984
For example, Lambertson v. Cincinnati Corp., 312 Minn. 114 , held that a third party was entitled to contribution from a negligent employer, but limited the amount of contribution to no more than the employer’s worker’s compensation liability.
- Peterson v. Little-Giant Glencoe Portable Elevator Division of Dynamics Corp. of America 349 N.W.2d 280 Minn. Ct. App. 1984
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Peterson v. Little-Giant Glencoe Portable Elevator Division of Dynamics Corp. of America
349 N.W.2d 280
Minn. Ct. App. 1984
Glencoe maintains, however, that Lambertson v. Cincinnati Corp., 312 Minn. 114 , controls.
- Hafner v. Iverson 343 N.W.2d 634 Minn. 1984
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Hafner v. Iverson
343 N.W.2d 634
Minn. 1984
The defendants in turn, as third-party plaintiffs, commenced a third-party action against plaintiffs’ employer, Collins Electric, for contribution under the doctrine of Lambertson v. Cincinnati Corp., 312 Minn. 114
- Horton Ex Rel. Horton v. Orbeth, Inc. 342 N.W.2d 112 Minn. 1984
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Horton Ex Rel. Horton v. Orbeth, Inc.
342 N.W.2d 112
Minn. 1984
Lambertson v. Cincinnati Corp., 312 Minn. 114 , and its *115 progeny do not stand as authority for the proposition that common liability is no longer relevant to the availability of contribution.
- Cambern v. Sioux Tools, Inc. 323 N.W.2d 795 Minn. 1982
- Hudson v. Snyder Body, Inc. 326 N.W.2d 149 Minn. 1982
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Cambern v. Sioux Tools, Inc.
323 N.W.2d 795
Minn. 1982
In turn, Sioux Tools brought in the employer, Bayliner Boats, Inc., as a third-party defendant for contribution under Lambertson v. Cincinnati Corp., 312 Minn. 114
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Hudson v. Snyder Body, Inc.
326 N.W.2d 149
Minn. 1982
It is true that Hudson could not have recovered from Olsen had direct suit been allowed, his negligence being as great as that of the employer; however, in Lambertson v. Cincinnati Corp., 312 Minn. 114 , we ruled that a third-party tortfeasor is entitled to contribution from an employer who is also found negligent.
- Conover v. Northern States Power Co. 313 N.W.2d 397 Minn. 1981
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Conover v. Northern States Power Co.
313 N.W.2d 397
Minn. 1981
Moreover, for the purpose of determining a contractor’s contribution under Lambertson v. Cincinnati Corp., 312 Minn. 114 , the jury would have to distinguish, in appropriate cases, between the contractor’s breach of his own duty and his breach of the employer’s nondelegable duty.
- Lockwood v. Independent School District No. 877 312 N.W.2d 924 Minn. 1981
- Vesely, Otto, Miller & Keefe v. Blake 311 N.W.2d 3 Minn. 1981
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Vesely, Otto, Miller & Keefe v. Blake
311 N.W.2d 3
Minn. 1981
See, e.g., Lambertson v. Cincinnati Corp., 312 Minn. 114
- Bebeau v. Mart 310 N.W.2d 465 Minn. 1981
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Bebeau v. Mart
310 N.W.2d 465
Minn. 1981
(trial court has broad discretion in determining whether a new trial should be granted for excessive damages).
- Jones v. Fisher 309 N.W.2d 726 Minn. 1981
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Jones v. Fisher
309 N.W.2d 726
Minn. 1981
The dramshops’ argument is inconsistent with Lambertson v. Cincinnati Corp., 312 Minn. 114 , and Tolbert v. Gerber Industries, Inc., in which we emphasized that contribution is used to secure restitution and a fair apportionment of loss among all those whose activities combine to produce the injury.