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Wilson v. The Service Companies

United States District Court, N.D. Mississippi, Oxford Division

May 11, 2017

ALMA DENISE WILSON and LAWRENCE WILSON PLAINTIFFS
v.
THE SERVICE COMPANIES, FULL SERVICE SYSTEMS CORPORATION, and JOHN AND JANE DOES 1-10 DEFENDANTS

          ORDER GRANTING LEAVE TO INTERVENE

          DEBRA M. BROWN UNITED STATES DISTRICT JUDGE.

         Before the Court is the “Motion for Leave to File an Intervening Complaint” of Robinson Property Group Corporation d/b/a Horseshoe Tunica. Doc. #5.

         I

         Procedural History

         On November 21, 2016, Alma Denise Wilson and Lawrence Wilson filed a complaint against The Service Companies and Full Service Systems Corporation (collectively, “Service Companies”), and John and Jane Does 1-10, alleging that Alma sustained injuries when she slipped and fell while working at Horseshoe Casino Tunica. Doc. #1. In the complaint, the Wilsons seek compensatory and punitive damages based on claims for loss of consortium; negligence; negligent hiring, retention, supervision, and training; vicarious liability; and gross negligence. Id. at 3-6.

         On January 9, 2017, Robinson Property Group Corporation d/b/a Horseshoe Tunica (“RPG”) filed a “Motion for Leave to File an Intervening Complaint” pursuant to Federal Rule of Civil Procedure 24(a). Doc. #5. RPG asserts in the motion that (1) on the date of her alleged injuries, Alma was working as an employee of RPG; (2) the Service Companies, who the Wilsons claim are liable for their alleged injuries and damages, were “an independent contracting service working at Horseshoe Tunica and [were] responsible for RPG's janitorial services at the time of the accident;” and (3) RPG, pursuant to the Mississippi Workers' Compensation Act, “has paid temporary total disability workers' compensation benefits to [Alma] in the amount of $28, 083.16, medical expenses in the amount of $79, 647.93, other payments of $3, 389.01, and additional workers' compensation benefits in the amount of $125, 000.00.”[1] Doc. #5 at 1-2. RPG further asserts that it “has a statutory lien against any recovery made by the Plaintiff, and is entitled to reimbursement, exoneration and a lien from and upon said Defendant, pursuant to Miss. Code Ann. § 71-3-71.” Id. at 3.

         To date, no party has filed an objection to RPG's motion to intervene.

         II

         Discussion

         Federal Rule of Civil Procedure 24(a) provides:

On timely motion, the court must permit anyone to intervene who:
(1) is given an unconditional right to intervene by a federal statute; or
(2) claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant's ability to protect its interest, ...

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