Claims for negligence in opposition to the employer rejected – firm insurance
The Mississippi Supreme Court ruled Thursday that an employer has the right to a summary judgment dismissing a plaintiff's claims of negligent recruitment, restraint, surveillance and general negligence for failing to provide a safe work environment.
In March 2019, Darius Powell filed a civil lawsuit alleging he was the victim of an attack by employees who were within the scope and scope of their employment with Schaffner Manufacturing Co., which is according to documents in Schaffner Manufacturing Co. v. Powell, filed in Jackson.
He also asserted claims against Schaffner for negligent hiring, restraint and supervision, failure to guarantee a safe work environment and vicarious liability for unauthorized acts by his employees.
Schaffner and staff have petitions for dismissal because no claim can be made for which legal remedy can be granted. They argued that the claims against the couple were statute barred by a one-year statute of limitations that expired a year after December 2017. They also requested that all claims against conductors fall within the scope of the Mississippi Workers & # 39; Compensation Act and this exclusive remedy shall apply.
A district court judge ruled in favor of the statute of limitations lawsuit against the attackers. However, the court found that Powell's claims against Schaffner could continue.
The Mississippi Supreme Court ruled the case back and remanded, stating that the Mississippi Workers' Compensation Act makes an employer's liability for damages the sole and exclusive liability of an employer for an accident at work and that the act defines an accident at work as: an accidental injury that arises from and during the employment regardless of any fault that arises from one or more unforeseen events, if they contribute significantly to the employment or aggravate or accelerate it.
If the alleged or proven facts indicate negligence, gross negligence or negligence despite the allegation of actual intent, employee compensation is the only legal recourse for the injured party.
"In application of Mississippi law to the complaint, Powell's claims of negligent hiring, restraint, oversight and general negligence for failing to provide a safe work environment are all claims of direct negligence against Schaffner," the court said. "Therefore, Powell's act is the exclusive remedy against these claims, and those claims should have been dismissed."
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