Cited by
Opinions in Minnesota that cite Horton Ex Rel. Horton v. Orbeth, Inc., 342 N.W.2d 112.
-
Explained
Frederick S. Fish,
Minn. 2019
See, e.g. , Horton by Horton v. Orbeth, Inc., –15 (Minn. 1984) (noting that 9 Johnson v. Raske Building Systems, Inc., we explained the “correct procedure for apportionment” for the equitable contribution right recognized in Lambertson.
- 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 Horton by Horton v. Orbeth, Inc. , , 114 (Minn. 1984).
- 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
Horton by Horton v. Orbeth, Inc., (emphasis omitted).
- In Re Horton 668 N.W.2d 208 Minn. Ct. App. 2003
- In Re Horton 668 N.W.2d 208 Minn. Ct. App. 2003
- Nuessmeier Electric, Inc. v. Weiss Manufacturing Co. 632 N.W.2d 248 Minn. Ct. App. 2001
- Nuessmeier Electric, Inc. v. Weiss Manufacturing Co. 632 N.W.2d 248 Minn. Ct. App. 2001
- 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
The very essence of the action of contribution is common liability.” Horton by Horton v. Orbeth, Inc., (internal quotation marks omitted).
- Drake v. Reile's Transfer & Delivery, Inc. 613 N.W.2d 428 Minn. Ct. App. 2000
-
Drake v. Reile's Transfer & Delivery, Inc.
613 N.W.2d 428
Minn. Ct. App. 2000
2d 460, 461 (Minn.1994) (holding that a negligent employer’s contribution to third-party tortfeasor is limited by the amount of workers’ compensation benefits paid); Wilken v. Int’l Harvester Co., (holding negligent employer must contribute its share of employee’s tort recovery, up to amount of workers’ compensation benefits paid); Horton by Horton v. Orbeth, Inc., (same); Kordosky v. Conway Fire & Safety, Inc., (affirming reduction of employee’s reimbursement to employer for subrogation int
- Albert v. Paper Calmenson & Co. 515 N.W.2d 59 Minn. Ct. App. 1994
-
Albert v. Paper Calmenson & Co.
515 N.W.2d 59
Minn. Ct. App. 1994
Sys., Inc., Kordosky, d at 619, 621 ; Horton by Horton v. Orbeth, Inc., -15 (Minn.1984); -66, 767, 770 (Minn. 1985); Kempa, d at 420-21 .
- Hahn v. Tri-Line Farmers Co-Op 478 N.W.2d 515 Minn. Ct. App. 1991
-
Hahn v. Tri-Line Farmers Co-Op
478 N.W.2d 515
Minn. Ct. App. 1991
See Lambertson, d at 688 ; (joint liability rather than joint or concurring negligence determines the right of contribution).
- Moose Club v. LaBounty 442 N.W.2d 334 Minn. Ct. App. 1989
-
Moose Club v. LaBounty
442 N.W.2d 334
Minn. Ct. App. 1989
It should be noted that in Spitzack , as in Horton, by Horton v. Orbeth, Inc., the parties being sued for contribution were adjudged at trial as less negligent than the plaintiff.
- 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
Subsequently, in Horton v. Orbeth, Inc., the Minnesota Supreme Court discussed the Lambertson holding: [W]hile Lambertson speaks in terms of contribution, the real impact of the decision was the limitation of the negligent employer’s right of subrogation.
- Kempa v. E.W. Coons Co. 370 N.W.2d 414 Minn. 1985
-
Kempa v. E.W. Coons Co.
370 N.W.2d 414
Minn. 1985
Horton by Horton v. Orbeth, Inc.
- Hosley v. Armstrong Cork Co. 364 N.W.2d 813 Minn. Ct. App. 1985
- Hosley v. Armstrong Cork Co. 364 N.W.2d 813 Minn. Ct. App. 1985
- Peterson v. Little-Giant Glencoe Portable Elevator Division of Dynamics Corp. of America 366 N.W.2d 111 Minn. 1985
-
Peterson v. Little-Giant Glencoe Portable Elevator Division of Dynamics Corp. of America
366 N.W.2d 111
Minn. 1985
While common liability is not subject to precise definition, it “does not depend solely on whether or not a plaintiff can enforce recovery against two or more defendants.” Horton v. Orbeth, Inc.
- Wilken v. International Harvester Co. 363 N.W.2d 763 Minn. 1985
-
Explained
Wilken v. International Harvester Co.
363 N.W.2d 763
Minn. 1985
“while Lambertson speaks in terms of contribution, the real impact of the decision was the limitation of a negligent employer’s right of subrogation.” We went on to say, “The employer was obligated to contribute only up to the amount of workers’ compensation benefits payable.” Id.
- Bekis v. Schilling 357 N.W.2d 362 Minn. Ct. App. 1984
-
Bekis v. Schilling
357 N.W.2d 362
Minn. Ct. App. 1984
Horton by Horton v. Orbeth, Inc.
- Peterson v. Little-Giant Glencoe Portable Elevator Division of Dynamics Corp. of America 349 N.W.2d 280 Minn. Ct. App. 1984
- Peterson v. Little-Giant Glencoe Portable Elevator Division of Dynamics Corp. of America 349 N.W.2d 280 Minn. Ct. App. 1984