Brown v. J.J. Ferguson Sand & Gravel Co.
| Docket Number: | 2002-CA-01354-SCT Linked Case(s): 2002-CA-01354-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 08-28-2003 Opinion Author: Waller, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wrongful death - Breach of duty Judge(s) Concurring: Pittman, C.J., McRae and Smith, P.JJ., Cobb and Carlson, JJ. Non Participating Judge(s): Diaz and Easley, JJ. Dissenting Author : Graves, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 05-14-2002 Appealed from: Webster County Circuit Court Judge: Joseph H. Loper Disposition: Granted summary judgment to the Appellee. Case Number: 98-0050 CV(L) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Margie Louise Brown, by and through Her Next Friend, Louise Ford |
BRIAN AUSTIN HINTON |
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| Appellee: | J.J. Ferguson Sand & Gravel Company | MARC A. BIGGERS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Wrongful death - Breach of duty |
| Summary of the Facts: | Daniel Cannon was killed when his vehicle collided with a dump truck driven by Jerry Marlow and owned by MSB, Inc. Margie Brown, Cannon's minor daughter, sued Marlow, MSB and J. J. Ferguson Sand & Gravel, Inc., for the wrongful death of her father. Brown settled her claims against Marlow and MSB, and they were dismissed. Ferguson's motion for summary judgment was granted by the court, and Brown appeals. |
| Summary of Opinion Analysis: | In a negligence action, a plaintiff must demonstrate duty and breach of duty before any other element. The sole evidence in opposition to the motion for summary judgment was a report submitted by Brown's expert who stated that giving Marlow permission to use the unopened two lanes of the Highway 82 bypass was a breach of Ferguson's duties as contractor. This report did not reveal detailed and precise facts sufficient to prevent the entry of summary judgment. In addition, Brown conceded the facts were undisputed. |
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