Tanks v. Lockheed Martin (Wiener, J.)
This case concerns whether the Mississippi Workers' Compensation statute precludes the plaintiff's wrongful death action based on a workplace shooting by the plaintiff's coworker. Although the district court seemed to think this was a difficult, unanswered question of law, the Fifth Circuit has no difficulty deciding that workers' comp is the plaintiff's sole remedy.
Under Mississippi law, if the workers' comp statute provides a remedy, it must be the sole remedy. The issue then is whether the workers comp statute provides a remedy for an intentional workplace shooting by an employee's coworker. Apparently it does, and the plaintiff's claim is barred.