O'Brien v. Dombeck
2012 Minn. App. LEXIS 136
Minn. Ct. App.2012Background
- O’Brien filed suit on behalf of Gail O’Brien against Dombeck, Hareid, and Central Valley for negligence and vicarious liability arising from a motor-vehicle collision.
- Jury allocated 90% of fault to Dombeck and 10% to Hareid; judgment totaled $283,662.82 with Hareid and Central Valley liable for 10% ($28,362.28).
- O’Brien sought reallocation under Minn. Stat. § 604.02, subd. 2, arguing Dombeck’s share was uncollectible due to no excess insurance beyond $30,000.
- District court reallocated an additional 10% of the judgment to the appellants and awarded $15,303.80 in costs and disbursements against all defendants jointly and severally.
- Appellants Hareid and Central Valley appealed the reallocation decision, the insolvency finding, and the cost-disbursement allocation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May reallocation occur without joint/several liability? | O’Brien | Hareid | Yes; reallocation permitted under plain text of § 604.02(2) |
| Was Dombeck's share properly found uncollectible? | O’Brien | Dombeck | Yes; insolvency supported uncollectibility |
| Should costs/disbursements be allocated by fault? | O’Brien | Hareid | No; costs/disbursements governed by ch. 549, not fault-based |
Key Cases Cited
- Staab v. Diocese of St. Cloud, 813 N.W.2d 68 (Minn.2012) (defines equitable share in context of fault)
- Eid v. Hodson, 521 N.W.2d 862 (Minn.App.1994) (distinguishes when reallocation applies under prior statute)
- EMC Ins. Cos. v. Dvorak, 603 N.W.2d 350 (Minn.App.1999) (reallocation concept when there is more than one liable tortfeasor)
- Hahn v. Tri-Line Farmers Coop, 478 N.W.2d 515 (Minn.App.1991) (reallocation limited when only one defendant is liable)
- Bartels v. City of Williston, 276 N.W.2d 113 (N.D.1979) (dictum on distribution of costs; not controlling for Minnesota)
- Keller v. Vermeer Mfg. Co., 360 N.W.2d 502 (N.D.1984) (retreat from Bartels dictum regarding costs allocation)
- Tereault v. Palmer, 418 N.W.2d 283 (Minn.App.1987) (legislative role in extending existing law)