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Ellis v. Liberty Mut. Ins. Co., No. 09-60917

By FindLaw Staff on October 31, 2010 3:02 PM

Action Based on Injury at Construction Site

In Ellis v. Liberty Mut. Ins. Co., No. 09-60917, a tort action based on plaintiff's injury in Mississippi while working on a construction site for an Alabama employer who was a subcontractor for defendant, the court reversed summary judgment for defendant where Alabama's workers compensation scheme, not Mississippi's, applied.

 

As the court wrote:  "Plaintiff-Appellant Robert J. Ellis was injured in Mississippi while working on a construction site for an Alabama employer who was a subcontractor for Defendant-Appellee Trustmark Builders, Inc. ("Trustmark"). Ellis recovered workers compensation benefits from the State of Alabama under his employer's policy, which included coverage of work sites in Mississippi. Ellis then filed this tort action against Defendants-Appellees for damages. The district court applied Mississippi choice-of-law principles and held that Mississippi's workers compensation scheme governed this suit, barring Ellis from bringing tort claims against Appellees. We reverse and remand for application of Alabama's workers compensation scheme."

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