Bowden v. Young

120 So.3d 971 (2013)

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Bowden v. Young

Mississippi Supreme Court
120 So.3d 971 (2013)

Facts

Diane Young and Cherie Blackmore (plaintiffs) worked for Vaughn, Bowden, PAs (V&B) (defendant) as legal assistants. Young and Blackmore sued V&B in Mississippi state court, alleging claims including battery and intentional infliction of emotional distress based on their alleged workplace exposure to toxic mold, a toxic spray used to kill the mold, and toxic gas from raw-sewage backups. Young and Blackmore alleged that V&B initially denied the presence of the mold in the office but ultimately admitted there was a mold problem and tried to remediate the mold by applying the mold-killing spray. The complaint further alleged that when the mold issues persisted after the spray, V&B told Young and Blackmore that V&B would look for new office space. Young and Blackmore also alleged that raw-sewage backups repeatedly occurred in the women’s restroom and flooded into the office space. V&B argued, among other things, that Young and Blackmore’s exclusive remedy was a claim for benefits under the Mississippi Workers’ Compensation Act (MWCA). V&B moved to dismiss the complaint, but the trial court denied the motion. V&B made an interlocutory appeal to the Mississippi Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Kitchens, J.)

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