Mississippi Appellate Court Reverses Dismissal of Workers’ Claims Where Lower Court Relied on Evidence Outside Pleadings Without Converting Motion To Dismiss Into Motion for Summary Judgment
Following an employee’s death in an explosion at his workplace, the employee’s estate filed suit against the worker’s employer, alleging that it “willfully, recklessly, egregiously[,] and intentionally” failed to provide a safe working environment, “with an intent to injure.” The estate also sued the employer’s parent corporation, alleging that it failed to supervise its subsidiary. The trial court granted the defendants’ Rule 12(b)(6) motion to dismiss, finding that by accepting $2,000 in funeral expenses as part of workers’ compensation benefits, the estate made an election of remedies and therefore could not pursue a tort claim against the employer or employer’s parent corporation.
Yesterday, the Court of Appeals of Mississippi reversed the judgment and remanded the case, finding that although the circuit court’s opinion expressly depends on evidence outside of the pleadings, there is no indication that the court explicitly converted the 12(b)(6) motion to a motion for summary judgment or provided notice to the parties of that intention.
