HUDGINS v. PENSACOLA CONST. CO., INC.

No. 91-CA-0434.

630 So.2d 992 (1994)

Jacqueline HUDGINS, Individually and as Mother and Next Friend of Antonio Deontre Hudgins, Deceased; Robert A. Roney, Individually and as Father of Antonio Deontre Hudgins, Deceased; and Shonita Hudgins and Tyeste Roney by Mother and Next Friend, Jacqueline Hudgins v. PENSACOLA CONSTRUCTION COMPANY, INC. and Lewis Miller Construction Company, Inc.

Supreme Court of Mississippi.

January 13, 1994.


Attorney(s) appearing for the Case

Willie James Perkins, Sr., Leland H. Jones, III, Greenwood, for appellant.

Marc A. Biggers, Lonnie D. Bailey, Upshaw Williams Biggers Page & Kruger Firm, Greenwood, for appellee.

Before DAN M. LEE, P.J., and BANKS and JAMES L. ROBERTS, Jr., JJ.


BANKS, Justice, for the Court.

This case presents the question whether summary judgment was properly granted in favor of one employing another where the terms of employment are such that the employer retains responsibility for the safety aspects of the job. There is also the question of vicarious liability. We find that the interpretation of the scope of the employer's obligations regarding safety is a factual one not amenable to summary resolution on this record...

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