Moren v. Jax Restaurant

679 N.W.2d 165 (2004)

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Nature of the Case

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Facts

D, a partnership, operates its business in Foley, Minnesota. Nicole Moren, one of the partners, completed her day shift at 4:00 p.m. and left to pick up her two-year-old son, P, from daycare. Nicole returned to the restaurant with P after learning that her sister and partner, Amy Benedetti, needed help. Nicole called her husband who told her that he would pick P up in about 20 minutes. Nicole brought P into the kitchen with her, set him on top of the counter, and began rolling out pizza dough using the dough-pressing machine. P reached his hand into the dough press. His hand was crushed, and he sustained permanent injuries. Through his father, P commenced a negligence action against D. D served a third-party complaint on Nicole, arguing that, in the event, it was obligated to compensate P, the partnership was entitled to indemnity or contribution from Nicole for her negligence. Summary judgment was granted on that third-party complaint in favor of Nicole. She had no obligation to indemnify P so long as the injury occurred while she was engaged in ordinary business conduct. D appealed.