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Ex. DUT-MS-013 Standing duty Primary source read

Illinois Central Railroad Co. v. Travis, 808 So. 2d 928 (Miss. 2002), No. 2000-IA-01074-SCT (Feb. 28, 2002)

Employer's 'non-delegable duty to provide a reasonably safe place to work' (claims of ninety-nine employees arising from the employer's policy of not warning or protecting its workers from a workplace hazard held properly joined)

Supreme Court of Mississippi (Smith, P.J., for the Court) · Mississippi (Court)

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The record

Jurisdiction
Mississippi
Level
Court
Authority
Mississippi common law of master and servant; Miss. R. Civ. P. 20(a) (joinder)
Issued
2002-02-28 Feb. 28, 2002
Effective
standing (common law) (read as 2002-02-28)
End
standing (read as 2021-09-30)
In force
Standing since Feb. 28, 2002 (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

Travis argues that these claims arise out of ICRR'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.'... b) ICRR's negligence in failing to provide asbestos exposed employees' respirators, protective clothing and/or proper ventilation

Penalty

Tort liability for breach (outside the workers' compensation exclusivity where applicable)

What it required

The Court, in holding the employees' claims properly joined, treats the employer's failure to warn of and protect against a workplace hazard (respirators, protective clothing, ventilation) as the breach of a single 'non-delegable duty to provide a reasonably safe place to work' (¶¶ 24-25, at 935-36); the passage recites the plaintiffs' framing, which the Court adopts as the common question of law and fact. Character as recorded: adjudication (workplace duty construed).

Retrieval note

8 pages; the official reporter text (Southern Reporter, Second Series) as digitized by the Harvard Law School Library's Caselaw Access Project. The Supreme Court's own later description of this holding is Ex. DUT-MS-014.