Nature of the Case
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Facts
Ps were legal assistants at D. P contends that her health deteriorated significantly during her time at that building as a result of exposure to toxic mold there. She alleges that several others at the office experienced similar symptoms and that one employee was even fired for failing to show up for work on account of poor health. P alleges that the supervisors at the firm ignored her complaints and told the employees to stop whining. Eventually, a 'Mold Killer Spray' was applied to the surfaces of the office. Ps claim this further damaged their health. D admits that this building suffered from moisture intrusion. Young (Ps) sued their former employer, D, as well as the individual partners, Eric Wooten, Ben Bowden, Tom Vaughn, and office administrator Debra Vaughn, for multiple claims regarding the presence of toxic mold in two of the offices in which the firm had worked. Some of the claims were for intentional torts. D argues that all claims against it relate to unintentional torts, and therefore are governed by the Mississippi Workers' Compensation Act (MWCA) and that Ps' sole avenue of relief lies with workers' compensation. D moved to dismiss the claims under Rule 12(b)(6). The motion as denied and D’s appealed.
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