Fanta v. F.L. Smithe Machine Co. Inc.
- Laura Provinzino
- 0:24-cv-01062
- U.S. District Court · District of Minnesota
- 3
Counsel of record per CourtListener. Firm names are approximate and have been consolidated across spelling variants.
In Fanta v. F.L. Smithe Machine Co. Inc., Judge Provinzino dismissed F.L. Smithe’s third-party complaint and Japs-Olson with prejudice under Minnesota’s workers’ compensation waiver provision.
The order ended F.L. Smithe’s third-party claims against Japs-Olson and dismissed Japs-Olson as a party, both with prejudice. The opinion does not state that Fanta’s product-liability claims against F.L. Smithe were resolved.
What happened
In Fanta v. F.L. Smithe Machine Co. Inc., Tesfaye Fanta sued F.L. Smithe over crush injuries to his left-hand fingers that he allegedly suffered while operating an F.L. Smithe machine during his employment with Japs-Olson Company. F.L. Smithe then sued Japs-Olson seeking contribution and equitable indemnity.
Japs-Olson asked the court to dismiss F.L. Smithe’s third-party claims under Minnesota’s workers’ compensation “waive and walk” provision. Japs-Olson and its workers’ compensation insurer, Zurich, said they were waiving any rights to recover workers’ compensation benefits paid or payable and sought to avoid contribution exposure. Neither Fanta nor F.L. Smithe responded to the motion.
The court concluded that Japs-Olson was entitled to dismissal under the statute. Judge Laura M. Provinzino ordered F.L. Smithe’s third-party complaint dismissed with prejudice and dismissed Japs-Olson with prejudice as a party to the action.
The detailed version
- Fanta v. F.L. Smithe Machine Co. Inc. · No. 0:24-cv-01062
- Laura M. Provinzino
- July 21, 2025
Background
Tesfaye Fanta brought product-liability claims against F.L. Smithe Machine Co. Inc., doing business as Paper Converting Machine Company. Fanta alleged that he suffered serious crush injuries to the fingers of his left hand while operating a machine manufactured by F.L. Smithe during his employment with Japs-Olson Company.
F.L. Smithe filed a third-party complaint against Japs-Olson asserting common-law contribution and equitable indemnity. F.L. Smithe alleged that Fanta’s injuries occurred because Japs-Olson failed to train Fanta properly, failed to warn him about the risks of operating the machine, and created dangerous working conditions.
Motion and legal standard
Japs-Olson moved under Minnesota Statutes section 176.061, subdivision 11, sometimes called the “waive and walk” provision. The statute allows an employer involved in a workplace-injury lawsuit to avoid contribution exposure by affirmatively waiving, before jury selection, the right to recover workers’ compensation benefits paid and payable. When the employer makes that waiver, it is entitled to dismissal from the action.
Japs-Olson and Zurich, its workers’ compensation insurer, invoked the statute and stated their intent to waive any rights they might have to recover workers’ compensation benefits paid and payable against F.L. Smithe. Neither Fanta nor F.L. Smithe responded to the motion.
Court’s ruling
The court concluded that Japs-Olson was entitled to dismissal under the Minnesota statute. The court therefore dismissed F.L. Smithe’s entire third-party complaint with prejudice and dismissed Japs-Olson with prejudice as a party in the action.
Disposition
1. F.L. Smithe’s third-party complaint was dismissed with prejudice. 2. Japs-Olson was dismissed with prejudice as a party in the action.
The opinion does not state the disposition of Fanta’s product-liability claims against F.L. Smithe.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.