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Negligence-based claims against employers are rejected



The Supreme Court of Mississippi ruled Thursday that an employer was entitled to a summary judgment dismissing a plaintiff's claim for negligent hiring, detention, supervision, and general negligence for failing to provide a safe work environment.

In Darius Powell, March 2019. filed a civil lawsuit claiming that he had been the victim of an attack by employees who were under and the extent of his employment with Schaffner Manufacturing Co., and claimed assault, assault and intentional infliction of emotional suffering, according to documents in Schaffner Manufacturing Co. v. Powell, filed in Jackson.

He also argued against Schaffner for negligent hiring, detention and surveillance, failure to provide a safe work environment and deputy liability for damages. its employees.

Schaffner and the employees filed dismissal claims for failure to state a claim on which exemption may be granted. They claimed that the claims against the couple were statute-barred by a one-year limitation period that expired one year after December 201

7. They further demanded that all claims against Schaffner fall within the scope of the Mississippi Workers & # 39; Compensation Act, and this exclusive indemnity applies.

A judge in the district court ruled in favor of the statute of limitations claim against the attackers. However, the court found that Powell's claim against Schaffner could continue.

The Mississippi Supreme Court has ruled, by dismissing and remanding the case, that the Mississippi Workers & # 39; The Compensation Act means that an employer's obligation to pay compensation is the sole and exclusive responsibility of an employer for an occupational injury and that the law defines an occupational injury as an accidental injury that arises from and during employment without regard to errors due to an adverse event or events. it contributes to or aggravates or accelerates employment in a significant way.

Thus, the court said, if the alleged or proven facts point to negligence, gross negligence or ruthlessness despite an allegation of actual intent, then work injury compensation is the only way of relief for the aggrieved party.

"Application of Mississippi laws to the complaint, Powell's allegations of negligent hiring, detention, supervision and general negligence for failure to provide a safe working environment are all allegations of direct negligence against Schaffner," the court said. "Therefore, the document is Powell's exclusive indemnity for these claims, and these claims should have been dismissed."

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