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Mississippi: Employer Was Not Liable to Third Person for Injuries Caused by Employee's Horseplay

February 16, 2018 (1 min read)

A Mississippi truck driver employed by an independent hauler may not maintain a civil action against one of the hauler’s customers, whose own employee engaged in a horseplay incident with the driver by giving him a “bear hug” and throwing the driver into some pallets at work, held a state appellate court. While the customer firm could be liable for the torts committed by its employees during the course and scope of their employment, the trial court correctly found the customer’s employee’s conduct in bear-hugging plaintiff and shoving him into a stack of pallets was outside the course and scope of that employee’s employment.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Booth v. Southern Hens, Inc., 2018 Miss. App. LEXIS 71 (Feb. 13, 2018)

See generally Larson’s Workers’ Compensation Law, § 110.01.

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