Pinnacle Trust Company v. Babcock & Wilcox Power Generation Group, Inc. et al, No. 1:2011cv00002 - Document 169 (N.D. Miss. 2013)
Court Description: FINAL JUDGMENT granting 70 Motion for Summary Judgment. Signed by District Judge Sharion Aycock on 10/17/2013. (psk)
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Pinnacle Trust Company v. Babcock & Wilcox Power Generation Group, Inc. et al Doc. 169 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION PINNACLE TRUST COMPANY, EXECUTOR OF THE ESTATE OF JIMMY SISK, DECEASED PLAINTIFF V. CAUSE NO.: 1:11CV02-SA-SAA BABCOCK & WILCOX POWER GENERATION GROUP, INC. DEFENDANT FINAL JUDGMENT Pursuant to a Memorandum Opinion issued this day, Defendant’s Motion for Summary Judgment [70] is GRANTED. Plaintiff has failed to raise a genuine dispute of material fact that B&W actually intended to injure Sisk such that its actions fall outside the Mississippi Workers Compensation Act. Alternatively, even if such actions qualified as intentional torts, the one-year statute of limitations is a bar to this action. Accordingly, Plaintiff’s claims are DISMISSED, and this case is CLOSED. SO ORDERED, this the 17th day of October, 2013. /s/ Sharion Aycock_________ U.S. DISTRICT JUDGE Dockets.Justia.com
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