Wednesday, June 18, 2014

Employer Liability

The Mississippi Court of Appeals decided Thompson v. A& Z, Inc. yesterday located here.  The issue in the case was whether a release of a tortfeasor also released the tortfeasor's employer.  The Mississippi Court of Appeals affirmed the trial court granting summary judgment.  The main language from the case of interest is that:

"This Court has plainly held: “A plaintiff may not release either an employee or employer from any claim, and then pursue the same claim against the unreleased employee or employer.” Sykes v. Home Health Care Affiliates Inc., 125 So. 3d 107, 109-10 (¶8) (Miss. Ct. App. 2013) (citing J&J Timber Co. v. Broome, 932 So. 2d 1, 6 (¶20) (Miss. 2006))."

Moral of the story, if you release one, you are done.

No comments:

Post a Comment