Bertram Hill v. City of Horn Lake, Mississippi

' COLEMAN, Justice,

for the Court:

¶ 1. The City of Horn Lake (“the City”) contracted with Phillips Construction Company and its owner Michael Phillips (collectively “Phillips”) to work on a sewer project. Two employees of Phillips, Bertram Hill and David Mooneyhan, were working near the bottom of a trench that was seventeen feet deep when the walls of the trench suddenly collapsed. Mooneyhan was killed, and Hill was injured. Mooneyhan’s beneficiaries and Hill (collectively “Plaintiffs”) sued the City for Phillips’s negligence under re-spondeat superior and also alleged that the City had…