Cited by

Opinions in Minnesota that cite City of Willmar v. Short-Elliott-Hendrickson, Inc., 512 N.W.2d 872.

35 citing documents.

Jacquelyn Karre, et al v. City of Duluth, et al., Spirit Mountain Recreation Area Authority, Wiegand Sports GmbH Minn. Ct. App. 2026
see also Weston v. McWilliams & Assocs., Inc., (stating that the issue in City of Willmar “was whether the crossclaim for contribution and indemnity could go forward when the underlying action had been barred by the statute of limitations”).
Andrew Geist, individually and as parent and natural guardian of minor, T.G. v. East Central Energy, One Way … Minn. Ct. App. 2019
City of Willmar v. Short-Elliott-Hendrickson, 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
City of Willmar v. Short-Elliott-Hendrickson, Inc. , , 874 (Minn. 1994) ; see also Engvall , d at 568 ("The very essence of the action of contribution is common liability.").
Judy Brown v. Judith M. Lee 859 N.W.2d 836 Minn. Ct. App. 2015
Judy Brown v. Judith M. Lee 859 N.W.2d 836 Minn. Ct. App. 2015
“Contribution requires, first, a common liability of two or more actors to the injured party, and second, payment by one of the actors of more than its fair share of the common liability.” City of Willmar v. Short-Elliott-Hendrickson, Inc., (“The very essence of the action of contribution is common liability.” (quotation omitted)).
Minnesota Laborers Health & Welfare Fund v. Granite Re, Inc. 844 N.W.2d 509 Minn. 2014
Minnesota Laborers Health & Welfare Fund v. Granite Re, Inc. 844 N.W.2d 509 Minn. 2014
See City of Willmar v. Short-Elliott-Hendrickson, Inc., (“[A] statute of limitations defense does not negate liability; it is only a procedural device that is raised after the events giving rise to liability have occurred, and which precludes the plaintiff from collecting on that liability”).
Sanchez v. State 816 N.W.2d 550 Minn. 2012
Sanchez v. State 816 N.W.2d 550 Minn. 2012
See, e.g., City of Willmar v. Short-Elliott-Hendrickson, Inc.
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
See City of Willmar v. Short-Elliott-Hendrickson, Inc., (stating that indemnity may be available when "a party fails to discover or prevent another’s fault and, consequently, pays damages for which the other party is primarily liable”); Zontelli & Sons, (explaining that a party is entitled to in
Fleeger v. Wyeth 771 N.W.2d 524 Minn. 2009
Fleeger v. Wyeth 771 N.W.2d 524 Minn. 2009
statutes of limitations have both substantive and procedural aspects,” they are “primarily procedural laws”); City of Willmar v. Short-Elliott-Hendrickson, Inc., (“[A] statute of limitations does not negate liability; it is only a procedural device that is raised after the events giving rise to liability have occurred, and which precludes the plaintiff from collecting on that liability.”); (describing
Christian v. Birch 763 N.W.2d 50 Minn. Ct. App. 2009
Christian v. Birch 763 N.W.2d 50 Minn. Ct. App. 2009
Co., , 361 n. 7 (Minn.1998) (noting that “we have consistently regarded statutes of limitation as primarily procedural laws”); City of Willmar v. Short-Elliott-Hendrickson, *58 Inc., (describing the statute of limitations as a “procedural device” in an indemnity case); (same); Klimmek v. Indep.
Weston v. McWilliams & Associates, Inc. 716 N.W.2d 634 Minn. 2006
Weston v. McWilliams & Associates, Inc. 716 N.W.2d 634 Minn. 2006
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 of a common liability”).
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 of a common liability").
Zaffke v. Wallestad 642 N.W.2d 757 Minn. Ct. App. 2002
Zaffke v. Wallestad 642 N.W.2d 757 Minn. Ct. App. 2002
Cf. City of Willmar v. Short-Elliott-Hendrickson, Inc., (explaining that where the plaintiffs case failed as to one defendant, the cross-claim by a co-defendant survived).
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
City of Willmar v. Short-Elliot-Hendrickson, Inc.
Brua v. Olson 621 N.W.2d 472 Minn. Ct. App. 2001
Brua v. Olson 621 N.W.2d 472 Minn. Ct. App. 2001
See, e.g., City of Willmar v. Short-Elliott-Hendrickson, Inc., (stating that a “statute of limitations defense is frequently dependent on when the plaintiff decides to commence suit, a decision outside the control” of the party seeking contribution and indemnity).
Wallin v. Minnesota Department of Corrections 598 N.W.2d 393 Minn. Ct. App. 1999
Wallin v. Minnesota Department of Corrections 598 N.W.2d 393 Minn. Ct. App. 1999
See City of Willmar v. Shortr-Elliott-Hendrickson, Inc., (declining to reach constitutional question where not necessary for resolution of the case).
In Re the Trusteeship of Williams 591 N.W.2d 743 Minn. Ct. App. 1999
KENNECOTT HOLDINGS v. Liberty Mut. Ins. 578 N.W.2d 358 Minn. 1998
KENNECOTT HOLDINGS v. Liberty Mut. Ins. 578 N.W.2d 358 Minn. 1998
See City of Willmar v. Short-Elliott-Hendrickson, Inc., Klimmek v. Independent School District No. 487
Oelschlager v. Magnuson 528 N.W.2d 895 Minn. Ct. App. 1995
Oelschlager v. Magnuson 528 N.W.2d 895 Minn. Ct. App. 1995
Contribution requires common liability of two or more actors and payment by one of the actors of “more than its fair share of a common liability.” City of Willmar v. Short-Elliott-Hendrickson, Inc.