JACKSON, Miss. (WTVA) -- The Mississippi Court of Appeals has reversed a judge's decision to dismiss a lawsuit involving the death of a worker at Mueller Copper Tube in Fulton and sent it back to Itawamba County Circuit Court.
The family of Cason Hosch, 29, of Sulligent, Alabama had filed a lawsuit over his death following an explosion at the Fulton plant in July of 2009.
The lawsuit named Mueller Copper Tube, Mueller Industries and several others.
Mueller asked the trial judge to dismiss the lawsuit because the family had accepted a $2,000 funeral expense payment as workman's compensation benefit and should not be allowed to pursue further claims against Mueller.
The family claimed the money went straight to the funeral home, not the them and as such they were entitled to file suit.
The trial judge agreed with Mueller and dismissed the lawsuit claiming the family failed to state a claim for which relief could be granted.
In their ruling Tuesday, the Mississippi Court of Appeals says the judge erred by converting the motion into a motion for summary judgement.
They say the judge failed to provide adequate notice to both sides about the change and reviewed evidence not allowed for consideration under the motion filed.