United States District Court, N.D. Mississippi, Oxford Division
ORDER GRANTING LEAVE TO INTERVENE
M. BROWN UNITED STATES DISTRICT JUDGE.
the Court is the “Motion for Leave to File an
Intervening Complaint” of Robinson Property Group
Corporation d/b/a Horseshoe Tunica. Doc. #5.
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.
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.” 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.
date, no party has filed an objection to RPG's motion to
Rule of Civil Procedure 24(a) provides:
On timely motion, the court must permit anyone to intervene
(1) is given an unconditional right to intervene by a federal
(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, ...