Common Enterprise Defense in Minnesota

Appellant Jessica Kelly, as trustee for the next-of-kin of Richard Washburn, sued respondent Kraemer Construction, Inc. (Kraemer), alleging that Kraemer’s negligence caused Washburn’s death by electrocution at a construction site. Kraemer moved for summary judgment, arguing that it was engaged in a common enterprise with Washburn’s employer, Ulland Brothers, Inc. (Ulland), and that the election-of-remedies provision of the Minnesota Workers’ Compensation Act requires dismissal of Kelly’s suit. See Minn. Stat. § 176.061 (2016). The district court denied summary judgment. A divided panel of the court of appeals reversed the district court’s decision and remanded for entry of summary judgment in favor of Kraemer. Kelly v. Kraemer Constr., Inc., No. A15-1751, 2016 WL 3961817, at *5 (Minn. App. July 25, 2016). Kelly appeals, arguing that a genuine issue of material fact precludes summary judgment. Because we hold that Kraemer was in a common enterprise with Ulland as a matter of law and that the election of remedies provision requires dismissal of Kelly’s suit, we affirm.

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