Sutherland v. Barton

560 N.W.2d 116, 1997 WL 104341
CourtCourt of Appeals of Minnesota
DecidedApril 15, 1997
DocketC7-96-2018
StatusPublished
Cited by1 cases

This text of 560 N.W.2d 116 (Sutherland v. Barton) 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
Sutherland v. Barton, 560 N.W.2d 116, 1997 WL 104341 (Mich. Ct. App. 1997).

Opinions

OPINION

NORTON, Judge.

Rene Sutherland died at respondent Waldorf Corporation’s plant while working for Muska Electric, an independent contractor hired by Waldorf. Marlys Sutherland, as trustee for the heirs of decedent Rene Sutherland, brought a wrongful death action against Waldorf, alleging that Waldorf negligently created an unreasonably dangerous condition by requiring Rene Sutherland to work near electrified, exposed bus bars. The trial court granted summary judgment in favor of Waldorf. We reverse and remand.

[118]*118FACTS

Rene Sutherland was an experienced journeyman electrician employed by Muska Electric, third-party defendant. At the time of his death, Sutherland was working in respondent Waldorf’s manufacturing facility. The work was done pursuant to the terms of a Master Maintenance Contract between Waldorf and Muska that had been in effect since 1988. Waldorf communicated its needs to Muska by work order, and generally the method of carrying out the work orders was left to Muska.

At the time of the accident, Sutherland and another Muska employee were preparing to install electrical conduit as part of a larger job of converting the controls of the plant machinery to a computerized system. This particular installation was dangerous because it involved running the conduit within one foot of exposed bus bars, solid copper bars, a quarter inch thick, measuring three to four inches wide and carrying 480 volts of electrical current. The bus bars were suspended from the ceiling at a height that would normally be out of reach except by ladder. The area of installation was in one of the last rooms of the plant to still have the older, more dangerous bus bar power system.

Prior to the installation, two Muska employees enveloped the exposed bus bars in insulation blankets and applied yellow caution tape to the entire area. Thoemke, Sutherland’s supervisor, and McEnery, Muska’s project supervisor, inspected the insulation before work began. Sutherland had 30 years experience as an electrician, and all deposition testimony indicated that he would have known and realized the danger of working near the bus bars. Sutherland was standing on a ladder attempting to measure the length of the conduit when his metal measuring tape came in contact with the bus bar causing an explosion that killed Sutherland.

Turning the power off to the bus bars would have made the job safer. Muska foremen knew, however, that cutting off power to the installation area would shut down a significant part of the plant. Thoemke recalled discussing cutting of the power with Waldorf representatives at a preconstruction meeting for the project in early December 1994. Sutherland’s accident occurred on January 80,1995.

The trustee brought a wrongful death action on behalf of Sutherland. She claimed that Waldorf was negligent by refusing to shut the power off to the area where Sutherland was working, and creating an unreasonably dangerous condition that required him to work near energized, exposed bus bars. Waldorf moved for summary judgment, claiming that it owed Sutherland no duty. The district court granted Waldorf summary judgment and dismissed the trustee’s claims. Because the trustee’s claims against Waldorf were dismissed, the district court also dismissed Waldorf’s third-party claims against Muska.

ISSUES

I. Did Waldorf, as the owner of the premises, owe a duty of reasonable care to protect Sutherland from an unreasonably dangerous condition on its premises?

II. Did Waldorf, who retained limited control over the performance of repairs, owe a duty to Sutherland to act reasonably in exercising that retained control?

ANALYSIS

On appeal from summary judgment, we determine whether there are there any genuine issues of material fact and whether the district court erred in its application of the law. State by Cooper v. French, 460 N.W.2d 2, 4 (Minn.1990). The trustee argues that Waldorf owed a duty to Sutherland to exercise reasonable care and that fact issues of breach and cause prohibit summary judgment.

In order to prevail on a negligence claim, the trustee; must establish the following: (1) the existence of a duty of care; (2) a breach of that duty; (3) an injury and damages; and (4) that breach of the duty was the proximate cause of the injury. Lubbers v. Anderson, 539 N.W.2d 398, 401 (Minn.1995). Duty is the legal obligation to conform to a particular standard of conduct to another. [119]*119Rasmussen v. Prudential Ins. Co., 277 Minn. 266, 268, 152 N.W.2d 359, 362 (1967). The determination of duty is a legal question reviewed de novo by this court. Germann v. F.L. Smithe Mach. Co., 395 N.W.2d 922, 924 (Minn.1986).

The district court in this case ruled that Waldorf owed Sutherland no duty. In its memorandum, the court explained that these facts could not give rise to liability because the danger of high voltage bus bars was obvious to Sutherland, and therefore Waldorf was relieved of its duty to warn. Implicit in the court’s statement that Waldorf was relieved of its duty is the conclusion that it did owe a duty to Sutherland.

An employer of an independent contractor can be hable for its personal negligence that causes injury to the independent contractor’s employee.1 Zimmer v. Carlton County Co-op. Power, 483 N.W.2d 511, 513 (Minn.App.1992), review denied (Minn. June 10, 1992) (citing Conover v. NSP, 313 N.W.2d, 397 (Minn.1981)). The Conover court held that an employer, as a possessor of land, had a duty to protect an employee of an independent contractor from an unreasonable risk of harm caused by the condition of the premises. Conover, 313 N.W.2d at 406.

Moreover, a possessor of land is hable for known and- obvious dangers if “the possessor should anticipate the harm despite such knowledge or obviousness.” Baber v. Dill, 531 N.W.2d 493, 495-96 (Minn.1995) (applying and quoting Restatement (Second) of Torts § 343A (1965)).

Such reason to expect harm * * * from known or obvious dangers may arise, for example, where the possessor has reason to expect that the invitee’s attention may be distracted, so that he * * * will forget * * *, or fail to protect himself against it. Such reason may also arise where the possessor has reason to expect that the invitee will proceed to encounter the known or obvious danger because to a reasonable man in his position the advantages of doing so would outweigh the apparent risk. In such cases the fact that the danger is known, or is obvious, is important in determining whether the invitee is to be charged with contributory negligence, or assumption of risk. * * * It is not, however, conclusive in determining the duty of the possessor, or whether he has acted reasonably under the circumstances.

Restatement (Second) of Torts § 343A, comment f (1965).

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Sutherland v. Barton
560 N.W.2d 116 (Court of Appeals of Minnesota, 1997)

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560 N.W.2d 116, 1997 WL 104341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sutherland-v-barton-minnctapp-1997.