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

In March 2019, Darius Powell filed a civil suit asserting he had been the victim of an attack by co-workers who were in the course and scope of their employment with the Schaffner Manufacturing Co., claiming assault, battery and the intentional infliction of emotional distress, according to documents in Schaffner Manufacturing Co. v. Powell, filed in Jackson.

He also asserted claims against Schaffner for negligent hiring, retention and supervision, failing to provide a safe work environment, and vicarious liability for the torts of its employees.

Schaffner and the employees filed motions to dismiss for failure to state a claim upon which relief can be granted. They argued that the claims against the pair were barred by a one-year statute of limitations that expired one year following December 2017. They further urged that all claims against Schaffner fell within the scope of the Mississippi Workers' Compensation Act, and this exclusive remedy applies.

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

The Mississippi Supreme Court, in reversing and remanding the case, explained that the Mississippi Workers' Compensation Act makes the liability of an employer to pay compensation the sole and exclusive liability of an employer for a work injury and that the law defines a work injury as an accidental injury arising out of and in the course of employment without regard to fault that results from an untoward event or events if contributed to or aggravated or accelerated by the employment in a significant manner.

Thus, the court said, if the facts alleged or proven point to negligence, gross negligence or recklessness despite an allegation of actual intent, then workers' compensation is the sole avenue for relief for the aggrieved party.

“Applying Mississippi law to the face of the complaint, Powell's claims of negligent hiring, retention, supervision and general negligence for failing to provide a safe work environment are all claims of direct negligence against Schaffner,” the court said. “Therefore, the act is Powell's exclusive remedy for those claims, and those claims should have been dismissed.”

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