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STATE OF MINNESOTA IN COURT OF APPEALS A08-1695 A08-1702 Randy A. Vee, et al., Appellants (A08-1695), Respondents (A08-1702), vs. Badri Abas Ibrahim, et al., Defendants (A08-1695), Respondents (A08-1702), Ernest Meyer Crouzer, et al., Appellants (A08-1702), American President Lines, Ltd., Respondent. Filed July 14, 2009 Affirmed Ross, Judge Ramsey County District Court File No. 62-C1-07-000595 Wilbur W. Fluegel, Fluegel Law Office, 150 South Fifth Street, Suite 3475, Minneapolis, MN 55402, and Robert L. Lazear, James R. Schwebel, Schwebel, Goetz & Sieben, P.A. 5120 IDS Center, 80 South Eighth Street, Minneapolis, MN 55402-2246 (for appellants Vee, et al.) Brian A. Wood, William L. Davidson, Lind, Jensen, Sullivan & Peterson, P.A., 150 South Fifth Street, Suite 1700, Minneapolis, MN 55402 (for defendants/appellants Ernest Meyer Crouzer, et al.) John M. Bjorkman, Angela Beranek Brandt, Larson King, LLP, 30 East Seventh Street, Suite 2800, St. Paul, MN 55101-4922 (for respondent American President Lines)

Considered and decided by Ross, Presiding Judge; Schellhas, Judge; and Larkin, Judge. SYLLABUS A semitrailer is not a "motor vehicle" for the purpose of applying the motor vehicle vicarious liability statute, Minnesota Statutes section 169.09, subdivision 5a. OPINION ROSS, Judge A semitruck and its trailer jackknifed after rear-ending a delivery truck, causing the trailer to swing into the oncoming lane and to strike and seriously injure motorcyclist Randy Vee. The semitruck and semitrailer are separately owned. Randy Vee sued the two truck drivers and their employers, and he sued the semitrailer's owner. The delivery truck driver's employer brought a crossclaim against the semitrailer's owner. The claims and crossclaims against the semitrailer's owner depend on the owner being vicariously liable for the semitruck driver's actions. The district court dismissed the claims against the semitrailer's owner, holding that a semitrailer is not a "motor vehicle," as that term is used in the motor vehicle vicarious liability statute, Minnesota Statutes section 169.09, subdivision 5a. Because we also hold that a semitrailer is not a motor vehicle, we affirm. FACTS Randy Vee had just cleared an intersection on his motorcycle when he was struck by an oncoming semitrailer that swung into his lane. The semitrailer was being pulled by a semitruck that had rear-ended a delivery truck, causing the truck-trailer rig to jackknife. Vee sued the semitruck's driver, Badri Ibrahim, and the delivery truck's driver, Ernest 2

Crouzer, along with their employers, Freightways Corporation and Northern Plains Dairy, respectively. Vee later amended his complaint to add American President Lines (APL) as a defendant. APL owns the semitrailer.1 Vee sought to hold APL vicariously liable for Ibrahim's allegedly negligent driving. Crouzer amended his answer to seek indemnification or contribution from APL under the same theory. APL moved for summary judgment, arguing that a semitrailer's owner is not vicariously liable for the actions of the semitruck's driver. The district court agreed and dismissed the claims against APL in a judgment that is appealable under Minn. R. Civ. App. P. 103.03(a) and 104.01. Vee and Crouzer filed separate appeals, which we have consolidated. ISSUES I. Does the vicarious liability statute, Minnesota Statutes section 169.09, subdivision 5a (2008), incorporate the definition of "motor vehicle" as set forth in Minnesota Statutes section 169.011? Is a semitrailer a motor vehicle within the meaning of the vicarious liability statute, section 169.09, subdivision 5a? ANALYSIS I Vee and Crouzer contest the district court's summary judgment decision. We review summary judgment decisions for whether genuine issues of material fact remain, and for whether the district court erred in its application of the law. State by Cooper v.

II.

1

The statute imposes vicarious liability on the "owner" of a motor vehicle. We refer to APL as an "owner" because APL does not dispute that its long-term lease renders it an "owner" for purposes of determining its liability under the statute. 3

French, 460 N.W.2d 2, 4 (Minn. 1990). Both Vee and Crouzer contend that Minnesota Statutes section 169.09, subdivision 5a (2008), renders APL vicariously liable for accidents involving APL's trailer. The statute provides that "[w]henever any motor vehicle shall be operated within this state, by any person other than the owner, with the consent of the owner, express or implied, the operator thereof shall in case of accident, be deemed the agent of the owner." Minn. Stat.

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