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Ex. DUT-MS-014 Standing duty Primary source read

Janssen Pharmaceutica, Inc. v. Armond, 866 So. 2d 1092 (Miss. 2004), No. 2003-IA-00398-SCT (Feb. 19, 2004)

The Supreme Court's statement of its Travis holding: all the employees' claims 'arose out of ICR's policy of not warning or protecting its workers from the hazards of asbestos exposure, and breaching its non-delegable duty to provide a reasonably safe place to work'

Supreme Court of Mississippi · Mississippi (Court)

The COVID Project

The record

Jurisdiction
Mississippi
Level
Court
Authority
Mississippi common law of master and servant; Miss. R. Civ. P. 20(a)
Issued
2004-02-19 Feb. 19, 2004
Effective
standing (common law) (read as 2004-02-19)
End
standing (read as 2021-09-30)
In force
Standing since Feb. 19, 2004 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers
Character
adjudication
Collection
Standing duties: Mississippi DUT-MS

Operative words

This Court found that the lower court did not abuse its discretion in allowing the joinder of these plaintiffs. Travis, 808 So.2d at 936. The Court found that all the claims arose out of ICR's policy of not warning or protecting its workers from the hazards of asbestos exposure, and breaching its non-delegable duty to provide a reasonably safe place to work. Id. at 935-36.

Penalty

Tort liability for breach

What it required

The Court describes the Mississippi employer's obligation as a 'non-delegable duty to provide a reasonably safe place to work,' breached by a policy of not warning or protecting workers from a workplace hazard; the duty is the common-law vessel that the health authorities' COVID-19 directives filled. Character as recorded: adjudication (workplace duty construed).

Retrieval note

9 pages. Later Mississippi appellate decisions repeat the formulation (e.g., White v. Targa Downstream, LLC (Miss. Ct. App. Mar. 16, 2023): the duty 'to furnish a reasonably safe place to work or to give warning of danger'; identified through CourtListener, not saved).