County District Court File No. 27-CV-15-14911
G. Westrick, Westrick & McDowall-Nix, PLLP, St. Paul,
Minnesota (for appellant)
J. Karon, University Student Legal Service, Minneapolis,
Minnesota (for respondent)
Considered and decided by Hooten, Presiding Judge; Reilly,
Judge; and Smith, Tracy M., Judge.
employer required by Minnesota Statutes section 181.970
(2016) to indemnify its employee may not bring a negligence
action against that employee to recoup payments made by the
employer to a third party.
employer challenges the dismissal of its claim resulting from
respondent employee's alleged negligent performance of
his duties, arguing that the district court erred in
interpreting Minn. Stat. § 181.970 to preclude such
claim. We affirm.
First Class Valet Services, LLC alleges the following facts
in its complaint. In early January 2015, First Class hired
respondent Raleigh Gleason as a parking valet. Later that
month, Gleason negligently caused approximately $4, 820 in
damage to a car. First Class reimbursed the owner. Six days
later, Gleason negligently caused approximately $7, 931 in
damage to a second car. First Class again reimbursed the
September 2015, First Class brought a negligence action
against Gleason to recover the amounts it paid to reimburse
the two car owners. Gleason moved to dismiss under Minn. R.
Civ. P. 12.02(e) for failure to state a claim upon which
relief may be granted, arguing that Minn. Stat. §
181.970 shields him from all liability for the damages. The
district court granted Gleason's motion. First Class
Minn. Stat. § 181.970 bar First Class' negligence
claim against Gleason for amounts paid to ...