Goodman v. Coast Materials Co., et al.
| Docket Number: | 2002-CA-01364-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-04-2003 Opinion Author: Bridges, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Personal injury - Exclusivity of Workers’ Compensation Act Judge(s) Concurring: King, P.J., Lee, Irving, Myers and Chandler, JJ. Judge(s) Concurring Separately: Southwick, P.J., joined by McMillin, C.J., and Griffis, J. Non Participating Judge(s): Thomas, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 07-19-2002 Appealed from: Harrison County Circuit Court Judge: Kosta N. Vlahos Disposition: SUMMARY JUDGMENT Case Number: 2401-93-22515 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Thomas Goodman |
MICHAEL W. CROSBY |
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| Appellee: | Coast Materials Company, W.C. Fore and Pat Fore a/k/a Pat Fore, III | BRITT R. SINGLETARY GARY DALE THRASH GLEN K. TILL |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Personal injury - Exclusivity of Workers’ Compensation Act |
| Summary of the Facts: | While working at Coast Materials Company, Thomas Goodman and the owner, W. C. Fore, and Pat Fore, III, an employee, got into a dispute over whether Goodman failed to show up for work on a certain day. Goodman and W. C. Fore were both injured as a result. Goodman received workers’ compensation benefits for his injuries. He then filed a common law tort suit against Coast Materials, W. C. Fore, and Pat Fore. The defendants filed a motion for summary judgment which was granted. Goodman appeals. |
| Summary of Opinion Analysis: | Goodman argues that his claim is not barred by the exclusivity provision of the Workers’ Compensation Act. The Workers' Compensation Act does not bar an employee from pursuing a common law remedy for an injury that is the result of a willful and malicious act. Goodman has brought suit for what he alleges was an intentional assault by his co-employee. Under the present state of the law, this suit should not have been dismissed. |
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