Workers who were injured when a scaffold collapsed cannot pursue their tort claim against the engineer that designed the structure and the hospital that owned the job site because their statutory employer didn't follow the engineer's "unworkable" plan and the hospital had no control over the work, a divided Mississippi Court of Appeals ruled this week.
Judge Ceola James dissented, saying she believed there was a triable dispute on whether the engineer should bear any blame for the accident since there was no way the contractor could have followed the design for the scaffoldi...
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