Hinds County Summary Judgment in Wrongful Death Case
On August 13, 2019, Hugh Gillon obtained a summary judgment in Hinds County Circuit Court on behalf of his construction client that was named as defendant in a case arising from a worksite accident/death. Plaintiffs claimed that the construction company was responsible for safety on the site where the accident occurred and was responsible for the acts or omission of another alleged negligent defendant under the doctrine of respondeat superior. The court found that the construction company was not the owner of the subject premises, and it was not the entity responsible for safety on the premises. Further, the court found that the other alleged negligent defendant was actually an independent contractor of another independent contractor retained by the construction company such that there was no liability under the doctrine of respondeat superior. Accordingly, Judge Tomie Green determined that there was no factual or legal basis for the Plaintiffs’ claims against the construction company and granted summary judgment.