Court of Appeals of Minnesota December 28, 2004, A04-709 (Zurich American Insurance Co. v. Bjelland)

OPINION

GORDON W. SHUMAKER, Judge.

The district court ordered the entry of two partial summary judgments. The first determined that an alleged third-party tortfeasor in a workers’ compensation sub-rogation action has a right to a jury trial on liability and damages and that the insurer-subrogee is not automatically entitled to the full recovery of benefits paid and payable without first proving