Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Caston v. GKD Management, L.P.

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

October 16, 2018

ROY CASTON PLAINTIFF
v.
GKD MANAGEMENT, LP, d/b/a A & G Commercial Trucking a/k/a A & G Comm. Trucking; and JOHN DOES 1-5 DEFENDANTS

          ORDER

          DEBRA M. BROWN, UNITED STATES DISTRICT JUDGE

         Before the Court is the Mississippi Public Entity Workers Compensation Trust's motion for leave to file an intervening complaint. Doc. #13.

         I

         Relevant Procedural History

         On February 9, 2018, Roy Caston filed a complaint in this Court alleging negligence against GKD Management, L.P. (“GKD”). Doc. #1. On February 26, 2018, Caston filed an amended complaint. Doc. #6. In the amended complaint, Caston alleges that on or about June 27, 2016, he was injured when the tractor he was driving was struck by a truck tractor owned by GKD and operated by Warren D. Clinton. Id. at 2. Caston alleges that at the time, Clinton “was acting within the course and scope of his employment with the Defendants ….” Id.

         On March 23, 2018, the Mississippi Public Entity Workers Compensation Trust (“Trust”) filed a motion for leave to file an intervening complaint. Doc. #13. In the motion, the Trust asserts that Caston was an employee of Bolivar County, Mississippi, and was acting in the course and scope of his employment at the time he was injured in the collision; that the County secured workers' compensation coverage for its employees, including Caston, through the Trust; that as of March 2, 2018, the Trust had paid temporary total disability benefits, medical expenses, and other payments on Caston's behalf pursuant to the Mississippi Workers' Compensation Act; and that “[p]ayments continue to be made for indemnity benefits and medical expense.” Id. at 1-2. The Trust seeks leave to intervene pursuant to Federal Rule of Civil Procedure 24(a)(2) on the ground that it “has a statutory lien against any recovery made by [Caston], as well as a direct action against any tortfeasor whose negligence caused or contributed to the workplace accident and injury pursuant to §71-3-71 Miss. Code Ann.” Id. (emphasis omitted). No opposition to the motion to intervene has been filed.

         II

         Standard

         Federal Rule of Civil Procedure 24(a)(2) provides that “[o]n timely motion, the court must permit anyone to intervene who:”

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, unless existing parties adequately represent that interest.

         To be entitled to intervention as of right under the second prong of Rule 24(a):

(1) the application for intervention must be timely; (2) the applicant must have an interest relating to the property or transaction which is the subject of the action; (3) the applicant must be so situated that the disposition of the action may, as a practical matter, impair his ability to protect that interest; (4) the applicant's interest must be inadequately represented by the existing parties to the suit.

Sommers v. Bank of Am., N.A., 835 F.3d 509, 512 (5th Cir. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.