In Brief
- A judge in Hennepin County District Court dismissed a lawsuit against Menards and several employees after a 19-year-old worker was killed by falling lumber.
- The court ruled the claims were barred because the alleged conduct did not meet the threshold required to bypass workers’ compensation exclusivity.
- The judge found no evidence defendants consciously or deliberately acted to cause harm to the worker.
- Claims against co-employees failed because their actions occurred within the course and scope of employment, meaning they owed no personal duty.
Meghan Klein filed a lawsuit against Menards and various employees after her son, James Stanback, was killed by lumber he was moving at a Menards store. Granting defendant’s motion on Feb. 17, the Hennepin County District dismissed the lawsuit against Menards and Stanback’s co-employees.
Stanback, who was 19, began working at the Golden Valley Menard’s in June 2021. As an outside yard team member, Stanback’s duties included using a forklift. He received forklift training soon after he began employment. This included watching videos and reading about forklift use, taking a multiple-choice test, and using the forklift.
In July 2021, a yard adviser for corporate Menard Inc. identified lumber stacks that were points of concern. Although it is unclear whether Stanback was assigned or volunteered to fix the lumber stack, he died after it fell on the forklift, crushing him. No one witnessed the accident. However, a customer discovered Stanback and called 911…