St. Paul Fire & Marine Insurance Co. v. Sparrow

378 N.W.2d 12, 1985 Minn. App. LEXIS 4697
CourtCourt of Appeals of Minnesota
DecidedNovember 19, 1985
DocketC2-85-651
StatusPublished
Cited by9 cases

This text of 378 N.W.2d 12 (St. Paul Fire & Marine Insurance Co. v. Sparrow) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
St. Paul Fire & Marine Insurance Co. v. Sparrow, 378 N.W.2d 12, 1985 Minn. App. LEXIS 4697 (Mich. Ct. App. 1985).

Opinions

OPINION

NIERENGARTEN, Judge.

Terri Lee Sparrow appeals the trial court’s judgment that no coverage existed under a commercial auto insurance policy, We reverse in part.

FACTS

On June 20, 1982, Sparrow and her sister were loading a concession wagon owned by their brother Anthony Erickson in preparation for taking the wagon to the Grand Rapids fairgrounds for a community celebration. The wagon had two axles and four wheels, and the concession wagon was hitched to a Jeep Gladiator, also owned by Anthony Erickson. The jeep and wagon were parked alongside a Taco John’s Restaurant owned by Anthony Erickson.

Sparrow noticed that some paper napkins on a hot plate inside the wagon were smouldering. As she attempted to remove the napkins, they burst into flames and ignited fumes leaked from either a loose propane gas fitting or from a gasoline can in the wagon that had a cloth inserted in the spout for a cap. Sparrow was severely burned.

Both the Jeep and the concession wagon were covered by a commercial auto policy issued by St. Paul Fire and Marine to Anthony Erickson. Sparrow brought a negligence action for the personal injuries she received and St. Paul responded with this declaratory action.

The trial court found no coverage because Sparrow was an employee of the insured, and thus precluded by an employee exclusion. The court further found that the fire did not arise out of the maintenance or use of a motor vehicle, thereby precluding recovery under the no fault benefits of the policy. Finally, the court determined that the trailer involved in the fire did not constitute an uninsured motor vehicle under the policy, thereby precluding Sparrow from recovering uninsured motorist benefits under the policy. Sparrow appeals.

ISSUES

1. Was Terri Lee Sparrow an employee of Anthony Erickson, the insured, so as to trigger the employee exclusion and pre-[14]*14elude Sparrow from recovering under the liability coverage?

2. Did the fire in the concession wagon arise out of the maintenance and use of a motor vehicle for purposes of determining Sparrow’s right to no fault benefits?

3. Was Sparrow entitled to claim benefits under the uninsured motorist coverage of the policy?

ANALYSIS

Scope of Review

Generally, the scope of review on appeal is governed by the “clearly erroneous” standard. See Minn.R.Civ.P. 52.01 (“Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of witnesses”). Respondent Anthony Erickson, who claims Sparrow was not his employee, argues, however, that in this case review should be de novo because the trial court’s findings were based entirely on written evidence.

The Minnesota Supreme Court has determined that a different standard of review applies when the trial court relies solely on documentary evidence as the basis for its decision.

Where * * * the critical evidence is documentary, there is no necessity to defer to the trial court’s assessment of the meaning and credibility of that evidence. We have in some cases deferred to the trial court’s findings upon such evidence * * We think the better rule is that articulated by Judge Jerome Frank in Orvis v. Higgens, 180 F.2d 537, 539 (2 Cir.1950): “ * * * Where a trial judge sits without a jury, the rule varies with the character of the evidence: (a) If he decides a fact issue on written evidence alone, we are as able as he to determine credibility, and so we may disregard his finding. * * * ”

In re Trust Known as Great Northern Iron Ore Properties, 308 Minn. 221, 225-226, 243 N.W.2d 302, 305 (1976) (citations omitted).

In the present case, the trial court based its decision on a stipulation of facts, depositions, and other documentary evidence, including a statement by Anthony Erickson that was submitted to the trial court in both its taped and written forms. Thus, “[ijnsofar as the trial court’s determinations are based upon documentary evidence, this court may review them de novo, but to the extent that they depend upon a resolution of testimonial conflicts, the ‘clearly erroneous’ standard applies.” Merriman v. Sandeen, 267 N.W.2d 714, 717 (Minn.1978) (citing In re Trust Known as Great Northern Iron Ore Properties, 308 Minn. 221, 225, 243 N.W.2d 302, 305 (1976). From this, we conclude this court is free to make its own determinations.

I.

The liability insurance policy issued by St. Paul for the concession wagon/trailer excluded employees of the insured.

Whether an employment relationship exists is a question of fact, and five factors are utilized in resolving the question. Holzemer v. Minnesota Milk Co., 259 N.W.2d 592, 593 (Minn.1977). In order to determine whether a person is an employee or an independent contractor, courts look at the right to control the means and manner of performance; the mode of payment; the furnishing of materials or tools; the control of the premises where the work is done; and the right of the employer to discharge. Id. at 593. The most important factor is the right to control the means and manner of performance. Id.

A. The Right to Control the Means and Manner of Performance.

Sparrow argues that Erickson had no control over the activities of the concession wagon. Sparrow selected the fairgrounds for the June 20th commitment, and Erickson was out of the state on that date. Sparrow also notes that she could stock the wagon with supplies from any source; she was not restricted to purchasing needed items from Erickson’s Taco John’s. Further, Sparrow argues that Erickson imposed no method of bookkeeping, Sparrow [15]*15was free to choose her own hours, and Erickson gave no directions and had no plan to inspect Sparrow’s work.

In contrast, St. Paul points out that Erickson permitted Sparrow and her sister to work on the stand prior to June 20 “so they could get the feel of it” and so that he could supervise and show them how to operate the stand.

B. Mode of Payment.

In her deposition, Sparrow testified that she, Erickson, and her sister agreed to a loose payment arrangement in which profits would be split. She stated that a minimum wage was never discussed. Erickson confirmed this arrangement in his deposition testimony. He stated in a recorded statement, however, that he “expected to pay [Sparrow] a minimum.”

C. The Furnishing of Materials or Tools and Control of Premises.

Sparrow acknowledges that Erickson furnished the jeep and the concession wagon. Previously, however, Erickson had permitted one Wally Johnson prior use of the wagon with Erickson and allowed him to receive a share in the profits,, an obvious non-employment relationship.

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St. Paul Fire & Marine Insurance Co. v. Sparrow
378 N.W.2d 12 (Court of Appeals of Minnesota, 1985)

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Bluebook (online)
378 N.W.2d 12, 1985 Minn. App. LEXIS 4697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-paul-fire-marine-insurance-co-v-sparrow-minnctapp-1985.