## Facts

- Lynder Lambertson, an employee of Hutchinson Manufacturing and Sales, Inc., was injured while assisting a co-worker operating a Cincinnati Corporation press brake.
- The press brake used a vertical ram controlled by a single foot pedal; Lambertson’s co-worker operated the pedal while Lambertson handled metal strips being bent.
- After a cycle, a bent strip fell beyond the bed; Lambertson reached between the jaws to retrieve it while unaware the co-worker’s foot remained on the pedal.
- The machine “double cycled,” the ram descended again, and Lambertson’s arm was crushed between the ram and the bed.
- Lambertson had not previously operated the machine and testified he did not know it could double cycle; he understood he should not place his arm between the jaws but did not expect the ram to descend again.
- Cincinnati had advised Hutchinson about safety problems and suggested adding safety devices, but Hutchinson did not order them.
- Lambertson received workers’ compensation benefits from Hutchinson, then sued Cincinnati in tort; Cincinnati impleaded Hutchinson seeking indemnity or contribution.

## Issues

1. Whether a third-party tortfeasor may obtain indemnity or contribution from a negligent employer despite workers’ compensation exclusivity, and if so, to what extent.
2. Whether allowing contribution in proportion to the employer’s fault would impermissibly require the employer to pay more than its statutory workers’ compensation liability.
3. Whether the facts supported indemnity (complete shifting of liability) as opposed to contribution (partial shifting based on common liability).

## Decision

- The Minnesota Supreme Court reversed in part and remanded.
- The court held Cincinnati could obtain contribution from Hutchinson, but only up to the amount of Hutchinson’s total workers’ compensation liability.
- The court rejected full indemnity because Cincinnati was found directly at fault.
- The court also rejected unlimited, fault-based contribution to the extent it would exceed the employer’s workers’ compensation exposure.

## Legal Principles

- Workers’ compensation generally provides the employee’s exclusive remedy against the employer, but the employee may sue a legally responsible third party.
- Contribution allows a tortfeasor who has paid more than its fair share of a common liability to recover the proportionate share from another party who is also liable.
- Indemnity shifts the entire loss and is typically reserved for parties whose liability is only vicarious or secondary; it is inappropriate where the party seeking indemnity is itself negligent.
- A third-party tortfeasor may seek contribution from a negligent employer, but the employer’s contribution obligation is capped at the employer’s total workers’ compensation liability to the employee, preserving the statutory limitation on employer liability.

## Conclusion

The court permitted a third-party tortfeasor to obtain limited contribution from a negligent employer despite workers’ compensation exclusivity, but capped the employer’s exposure at its total workers’ compensation liability and denied indemnity where the third party was independently at fault.


Lambertson v. Cincinnati Corp., 257 N.W.2d 679 (Minn. 1977)