Mississippi: Employee’s Tort Action Against Law Firm for Exposure to Toxic Mold Fails

The Supreme Court of Mississippi recently reversed a trial court’s denial of a law firm’s motion to dismiss a civil action filed against it and the firm’s individual partners (and others) by two former employees where the plaintiffs alleged, inter alia, battery and intentional infliction of emotional distress regarding the presence of toxic mold in two of the offices in which the firm had worked. Finding the plaintiffs’ tort action against the law firm and its partners was barred by the exclusive remedy provisions of the Mississippi Workers’ Compensation Act, the court rendered a judgment dismissing all claims against the defendants. The high court, as it had previously stated in Franklin Corp. v. Tedford, 18 So. 3d 215 (Miss. 2009), also declined to extend the workers’ compensation intentional injury exception to injuries in which the defendant/employer’s actions were “substantially certain” to result in injury or death.

Reported by Thomas A. Robinson, J.D.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Bowden v. Young, 2013 Miss. LEXIS 459 (Sept. 5, 2013) [2013 Miss. LEXIS 459 (Sept. 5, 2013)]

See generally Larson’s Workers’ Compensation Law, § 103.03 [103.03]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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