Mathis v. Jackson County Board of Supervisors

916 So. 2d 564, 2005 Miss. App. LEXIS 1027, 2005 WL 3372852
CourtCourt of Appeals of Mississippi
DecidedDecember 13, 2005
DocketNo. 2004-CA-02247-COA
StatusPublished
Cited by12 cases

This text of 916 So. 2d 564 (Mathis v. Jackson County Board of Supervisors) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mathis v. Jackson County Board of Supervisors, 916 So. 2d 564, 2005 Miss. App. LEXIS 1027, 2005 WL 3372852 (Mich. Ct. App. 2005).

Opinion

BRIDGES, J.,

for the Court.

¶ 1. On December 27, 2000, Charles and Marie Mathis sued the Jackson County Board of Supervisors after Charles suffered an injury at the Whispering Pines Golf Course, a county golf course. At the time of his injury, Charles was a volunteer marshal for the golf course. On October 21, 2004, the Jackson County Circuit Court held that Charles qualified as an employee of the golf course. Having determined such, the circuit court decided that Charles’s exclusive remedy was under the provisions of Mississippi’s Workers’ Compensation Act. Accordingly, the circuit court held that the Mathises’s were barred from suing the County in the circuit court. Aggrieved, the Mathises appeal.

FACTS

¶ 2. In October of 1999, Charles Mathis asked Chad Harrison, the superintendent of the Whispering Pines Golf Course, for Harrison’s permission to marshal for the course. Harrison agreed to let Charles serve as a marshal.

¶ 3. On Sunday, March 26, 2000, Charles marshaled at the course. Due to rain, course authorities suspended play. Charles did not leave for the day though, as it was possible that the rain would stop and play would resume. Charles waited out the. rain in the clubhouse, where he [568]*568played cards with customers. Sometime between one and two o’ clock p.m., Jamie Holt, the manager of the course, asked Charles to help her move the golf carts from the clubhouse to the storage shed, where they would shelter the carts from the weather and charge the cart’s batteries. Charles borrowed a raincoat and hat and helped Holt move carts.

¶ 4. Charles and Holt utilized a particular method to move the carts. Charles and Holt each drove a cart from the clubhouse to the storage shed. Once they arrived at the storage shed, Charles would store his cart, then ride back to the clubhouse on Holt’s cart. There, he got another cart and continued the procedure. They moved carts in this way until approximately 3:00 p.m., when Walterine Bonnie-well, a course employee, arrived to help Charles and Holt.

¶ 5. When Bonniewell arrived at the clubhouse, Charles and Holt were at the storage shed. Bonniewell boarded a cart and drove to the storage shed, where she met Charles and Holt. Because a common golf cart can only seat two people, Charles let Bonniewell sit on the available seat next to Holt. Charles stood on the back of Holt’s cart, gripped the braces that supported the cart’s roof, and planned to ride back to the clubhouse in that manner.

¶6. Charles’s head was above'the cart’s roof. According to Bonniewell, Holt drove the cart six to seven feet and turned left to exit the storage shed. As they passed under an overhead beam, Charles struck his head and fell off the back of the cart. Charles’s cause of action is based on this injury.

¶ 7. After Charles’s injury, Jackson County officials notified the Mississippi Workers’ Compensation Commission of Charles’s injury. The County’s worker’s compensation carrier, TIG Insurance Company, paid all of Charles’s medical expenses.

¶ 8. On December 27, 2000, Charles and Marie Mathis sued the County. On October 21, 2004, the Jackson County Circuit Court held that the Mathises were barred from suing the County because Charles’s exclusive remedy was under the Workers’ Compensation Act. Aggrieved, the Mathis-es appeal.

STANDARD OF REVIEW

¶ 9. This case was tried without a jury, so the trial judge sat as the trier of fact. When a circuit court judge sits as a trier of fact, he receives the same deference as a chancellor does, regarding findings of fact. His findings are safe on appeal when they are supported by substantial, credible and reliable evidence. Miss. Dept. of Public Safety v. Durn, 861 So.2d 990, 994(¶ 7) (Miss.2002). The question of whether a person is an employee may be one of fact, of mixed law and fact, or of law only. Walls v. North Miss. Med. Cntr., 568 So.2d 712, 714 (Miss.1990). However, where the facts are undisputed the question is one of law. Id. This Court reviews questions of law according to the de novo standard. Duncan v. Duncan, 774 So.2d 418, 419(¶ 4) (Miss.2000).

ANALYSIS

¶ 10. This is an “upside-down compensation case.” See Stubbs v. Green Bros. Gravel Co., 206 So.2d 323, 325 (Miss.1968). In an “upside-down compensation case” an employee tries to avoid compensation coverage to escape the exclusive provisions of the workers’ compensation act. Id. (citing I Larson, Workmen’s Compensation Law § 26.10, at 452.11 (1965)). First, the Mathises claim that Charles was not an “employee” as contemplated by the workers’ compensation act.

[569]*569I. Whether the trial court erred by finding that the Plaintiff, Charles Mathis, was an employee of [Jackson County] such that his exclusive remedy was under provisions of the workers’ compensation statutes.

¶ 11. The Mathises appeal the circuit court’s determination that Charles was an employee of Jackson County. Based on that finding, the circuit court concluded that the Mathises’ exclusive remedy was under the workers’ compensation act and that the Mathises could not recover from the County. According to the Mathises, the chancellor erred when he found that Charles was an employee for purposes of workers’ compensation.

¶ 12. For the purposes of workers’ compensation coverage, an “employee” is “any person ... in the service of an employer under any contract of hire ..., written or oral, express or implied.... ” Miss.Code Ann. § 71-3-3(d) (Rev.2000). The elements of a contract for hire are mutual consent, consideration, and right of control, though they are not rigidly applied in workers’ compensation cases. Walls, 568 So.2d at 715. The record does not contain an express contract of hire, so Charles can be an “employee” of the County only if they formed an implied contract of hire.

A. MUTUAL CONSENT

¶ 13. According to Black’s Law Dictionary, the term “assent” is interchangeable with “consent.” Black’s Law Dictionary, 6th ed.1991. The term “mutual assent” means a “meeting of the minds of both ... parties to a contract; the fact that each agrees to all the terms and conditions, in the same sense and with the same meaning as the others.” Id.

¶ 14. Here, the parties dispute application of the facts but there is no dispute in the operative facts. Where the facts are undisputed the question is one of law. Walls, 568 So.2d at 714. The record shows that Charles went to Harrison and requested to work as a marshal and Harrison agreed. Charles consented to work as a marshal when he asked Harrison’s permission to do so. Harrison consented when he granted Charles’s request. Applying these facts, we conclude that mutual consent existed.

B. CONSIDERATION

¶ 15. Consideration-is “(a) an act other than a promise, or (b) a forbearance, or (c) the creation, modification or destruction of a legal relation, or (d) a return promise, bargained for and given in exchange for the - promise.” Marshall Durbin Food Corp. v. Baker, 909 So.2d 1267, 1273(¶ 14) (Miss.Ct.App.2005) (internal quotations omitted). The fact that a worker does not receive a direct monetary wage from the employing body is of “little or no consequence.” Walls, 568 So.2d at 717.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

William J. Fortner v. Specialty Contracting, LLC
217 So. 3d 736 (Court of Appeals of Mississippi, 2017)
Haney v. Fabricated Pipe, Inc.
203 So. 3d 725 (Court of Appeals of Mississippi, 2016)
Averitt Express, Inc. v. Collins
172 So. 3d 1252 (Court of Appeals of Mississippi, 2015)
Southeastern Auto Brokers v. Graves
210 So. 3d 1012 (Court of Appeals of Mississippi, 2015)
Timmy Vuncannon v. United States
711 F.3d 536 (Fifth Circuit, 2013)
Moore's Feed Store, Inc. v. Hurd
100 So. 3d 1011 (Court of Appeals of Mississippi, 2012)
HUGH DANCY CO., INC. v. Mooneyham
68 So. 3d 76 (Court of Appeals of Mississippi, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
916 So. 2d 564, 2005 Miss. App. LEXIS 1027, 2005 WL 3372852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mathis-v-jackson-county-board-of-supervisors-missctapp-2005.