Harrell v. Pineland Plantation, Ltd.

GOOLSBY,

Judge, dissenting:

The following opinion was originally drafted to serve as the majority opinion. I now submit it as my dissenting opinion.

William R. Harrell brought this negligence action against Pineland Plantation Company (Pineland) seeking to recover damages for injuries caused when Harrell fell while swinging from a rope into a shallow pond on Pineland’s property. The trial court granted Pineland’s motion to dismiss, holding Pine-land was Harrell’s statutory employer and the trial court lacked subject matter jurisdiction of Harrell’s claim because of the exclusivity provisions of…