Roberson v. LFI Fort Pierce, Inc.

105 So. 3d 404, 2012 Miss. App. LEXIS 568, 2012 WL 3939824
CourtCourt of Appeals of Mississippi
DecidedSeptember 11, 2012
DocketNo. 2011-CP-01247-COA
StatusPublished

This text of 105 So. 3d 404 (Roberson v. LFI Fort Pierce, Inc.) 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
Roberson v. LFI Fort Pierce, Inc., 105 So. 3d 404, 2012 Miss. App. LEXIS 568, 2012 WL 3939824 (Mich. Ct. App. 2012).

Opinion

RUSSELL, J„

for the Court:

¶ 1. Stephanie Roberson filed a negligence action against her employer for injuries she allegedly sustained at work. The circuit court dismissed her negligence action for failure to prosecute and because the exclusivity provision of the Mississippi Workers’ Compensation Act (Act) barred her suit. Roberson argues that the dismissal was improper, citing five errors by the circuit court, but she fails to articulate a legal basis to support her assertions. We find no error and affirm.

FACTS AND PROCEDURAL HISTORY

¶2. On September 10, 1999, Roberson was injured on her first day of work with LFI Fort Pierce Inc. (LFI), a franchise of Labor Finders International. Roberson filed for workers’ compensation benefits with the Mississippi Workers’ Compensation Commission (Commission), and she filed a separate negligence action in circuit court. This appeal pertains to the negligence action only.

A. Workers’ Compensation Case

¶ 3. On December 28, 2000, Roberson filed a pro se petition to controvert with the Commission, and a hearing was held on November 2, 2006. On February 28, 2007, the administrative law judge (ALJ) entered an order denying benefits. On April 2, 2007, Roberson appealed the ALJ’s order denying benefits to the full Commission. On April 5, 2007, the Commission dismissed her case as untimely because Roberson failed to file her appeal within twenty days of the ALJ’s order. The Commission’s order was affirmed by the Forrest County Circuit Court, and Roberson appealed to this Court. On September 16, 2008, this Court handed down an opinion disposing of Roberson’s first appeal, and we affirmed the decision of the circuit court, which found that the Commission properly dismissed Roberson’s workers’ compensation appeal as untimely. See Roberson v. LFI Fort Pierce, Inc., 3 So.3d 788, 790 (¶ 7) (Miss.Ct.App.2008). On March 5, 2009, the Mississippi Supreme Court denied Roberson’s petition for writ of certiorari.

[406]*406B. Negligence Action

¶ 4. On November 8, 2005, Roberson, proceeding pro se, filed a negligence action against Labor Finders and Labor Finders International in the circuit court, which was apparently intended to be filed against her employer, LFI. In response, LFI filed a motion for summary judgment, asserting a statute-of-limitations defense and the workers’ compensation exclusivity bar as a defense. On January 3, 2006, the circuit court entered an order regarding the motion for summary judgment, which stated:

[T]he cause of action which [Roberson] asserts is currently being heard by [an ALJ at] the Mississippi Workers’ Compensation Commission; ... [B]ecause of the workers’ compensation case pending with the Commission, there is a workers’ compensation exclusivity bar which applies to bar this suit; ... Nevertheless, noting that [Roberson] is pro se, this [c]ourt wishes to afford her the opportunity to challenge why this bar may not apply; ... This [c]ourt grants [Roberson] sixty (60) days from the date of the hearing on this ease, December 16, 2005, until February 14, 2006, for [Roberson] to have an attorney file a written application with this [c]ourt demonstrating good cause why this case should not be dismissed with prejudice because of the workers’ compensation exclusivity bar; ... If [Roberson] does not have such an application filed within sixty (60) days, this [c]ourt will dismiss this cause of action and grant summary judgment without the need for an additional written order. This [j Judgment will at that time be designated a[f]inal [j Judgment under Rule 58 of the Mississippi Rules of Civil Procedure.

(Emphasis added). No action was taken by Roberson within that sixty-day period. In fact, Roberson failed to take any further action until 2010.

¶ 5. On September 29, 2010, the circuit clerk filed a motion to dismiss for lack of prosecution of the negligence action. On October 26, 2010, Roberson filed a document contesting the dismissal, but she basically just reiterated that she was injured at work and wanted compensation.

¶ 6. On July 21, 2011, Roberson filed a motion requesting a jury trial to enforce medical-care coverage in the negligence action. On July 29, 2011, a hearing was held, and the circuit court entered a final judgment:

This document will grant a final judgment, as first, [Roberson] did not comply with this [c]ourt’s directions in its [o]rder of January 3, 2006[,] on the application of the workers’ compensation exclusivity bar, and further, because the workers’ compensation exclusivity bar applies to bar the recovery [Roberson] requests in this cause of action.... This [c]ourt directs the [c]ircuit [c]lerk to file this document as a final judgment in this cause of action.... Because of [Roberson’s] failure to comply with this [c]ourt’s [o]rder of January 3, 2006, coupled with the absolute inactivity in this case for four and one half years thereafter, and the application of the workers’ compensation exclusivity bar, this [c]ourt finds no good cause present to prevent the dismissal of this case for lack of prosecution. This finding serves as an additional reason why this case should be dismissed with a final judgment.

(Emphasis added).

¶ 7. On August 5, 2011, Roberson filed a motion for reconsideration. On August 24, 2011, Roberson filed a motion to join Deep South Trucking Co. and American Interstate Insurance Co. On August 26, 2011, a hearing was held, and the court entered an [407]*407order denying reconsideration and denying the motion to join. On September 9, 2011, Roberson appealed the circuit court’s dismissal of her negligence action for lack of prosecution and due to the Act’s exclusivity provision.

DISCUSSION

¶ 8. Our standard of review regarding a circuit court’s dismissal of an action for lack of prosecution is abuse of discretion. Hine v. Anchor Lake Prop. Owners Ass’n, 911 So.2d 1001, 1003 (¶8) (Miss.Ct.App.2005). A circuit court’s decision “will not be overturned unless there has been manifest error.” Id.

¶ 9. At the outset, we note that Roberson, who is proceeding pro se on this appeal, fails to provide a legal basis to support her contention that her negligence action should not have been dismissed. Therefore, under Mississippi Rule of Appellate Procedure 28(a)(6), her argument is procedurally barred. Notwithstanding this procedural bar, we will address the merits of her contention.

¶ 10. “It is well established that the Act is the exclusive remedy for an employee injured while acting in the scope and course of his employment.” Hurdle v. Holloway, 848 So.2d 183, 185 (¶ 5) (Miss.2003) (citing Miss.Code Ann. § 71-3-9 (Rev.2000)). Our workers’ compensation statute states:

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Related

Newell v. Southern Jitney Jungle Co.
830 So. 2d 621 (Mississippi Supreme Court, 2002)
Hurdle v. Holloway
848 So. 2d 183 (Mississippi Supreme Court, 2003)
Hine v. Anchor Lake Property Owners Ass'n, Inc.
911 So. 2d 1001 (Court of Appeals of Mississippi, 2005)
Roberson v. LFI Fort Pierce, Inc.
3 So. 3d 788 (Court of Appeals of Mississippi, 2008)

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Bluebook (online)
105 So. 3d 404, 2012 Miss. App. LEXIS 568, 2012 WL 3939824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberson-v-lfi-fort-pierce-inc-missctapp-2012.