Legal Opinion · Dissent

Cook v. Home Depot

Mississippi Supreme Court

Decided February 9, 2012No. 2009-CT-01551-SCTPublished

1Dissent

WALLER,

Chief Justice, dissenting:

¶ 12. Because I would hold that Cook took sufficient action to toll the statute of limitations on his workers’ compensation claim, I would reverse the Court of Appeals and the Rankin County Circuit Court and remand to the Commission for further proceedings. Accordingly, I respectfully dissent.

¶ 18. Vardaman Dunn, in his oft-cited treatise on workers’ compensation law, said, “The humanitarian objectives of compensation laws should not be defeated by over-emphasis on technicalities or by putting form above substance.” Dunn, Vardaman S., Mississippi Workmen’s…

2Cases cited5 opinions

  1. ABC Mfg. Corp. v. DoyleMississippi Supreme Court · 1999
  2. Big" 2" Engine Rebuilders v. FreemanMississippi Supreme Court · 1980
  3. L. B. Priester & Son, Inc. v. Dependents of BynumMississippi Supreme Court · 1962
  4. Harper v. NORTH MISSISSIPPI MEDICAL CTR.Mississippi Supreme Court · 1992
  5. Prentice v. Schindler Elevator Co.Mississippi Supreme Court · 2009

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