Kenneth M. Anderson v. Minnesota Insurance

In this negligence action, appellants Richard Fossen and Gary Dillon, d/b/a Fossen Oil & Propane, and Fossen Oil & Propane, L.L.P., challenge the district courts award of costs and disbursements to respondent Uponor Aldyl Company, Inc. The district court concluded that respondent, who was the third-party defendant in the underlying negligence action, was the prevailing party as to appellants, the third-party plaintiffs below, and thus was entitled to an award of costs and disbursements from appellants under Minn. Stat. §§ 549.02, .04 (2004). Appellants argue that because they prevailed in the underlying negligence action as to plaintiff Carol J. Posey, based on comparative fault, the district court abused its discretion by awarding costs and disbursements to respondent.