Kirkley v. Tyson Foods, Inc.

Tyson Foods, Inc. petitioned the Supreme Court for a writ of mandamus to direct the Blount Circuit Court to dismiss Reba Kirkley's action against it, brought in her capacity as administratrix of her father's estate, on the ground that Kirkley lacked standing. On April 15, 2008, Allen Hayes died in a workplace accident at the Tyson Foods plant in Blount County. A tractor operated by an employee of Tyson Foods hit Hayes, who was working as a security guard. His widow Mildred Hayes collected $40,964.19 in workers' compensation death benefits against the account of DSI Security Services, Allen's employer at the time of the accident. On June 26, 2008, Kirkley, the personal representative of Allen's estate and Allen and Mildred's daughter, filed a wrongful-death action against the Tyson petitioners, who answered and removed the case to federal court. In early March 2011, the federal court remanded the case to state court. The trial judge denied the motion to dismiss. Finding that Tyson did not demonstrate a clear legal right to the remedy it sought seek, the Supreme Court denied the petition. View "Kirkley v. Tyson Foods, Inc." on Justia Law