Mack Trucks, Inc., et al. v. Tackett


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Docket Number: 98-CA-00419-SCT
Linked Case(s): 1998-CA-00419-SCT ; 1998-CA-00419-SCT ; 1998-CA-00419-SCT ; 98-CA-00419-SCT
Supreme Court: Opinion Link
Opinion Date: 03-27-2003
Opinion Author: Cobb, J.
Holding: Affirmed in Part; Reversed and Remanded in Part
Additional Case Information: Judge(s) Concurring: Pittman, C.J., Smith, P.J., Waller and Carlson, JJ.
Dissenting Author : McRae, P.J.
Dissent Joined By : Diaz and Easley, JJ
Concur in Part, Dissent in Part 1: Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion
Procedural History: Jury Trial
Nature of the Case: CIVIL - WRONGFUL DEATH
Trial Court: Date of Trial Judgment: 11-26-1997
Appealed from: Lee County Circuit Court
Judge: Barry Ford
Disposition: The jury further found that negligence on the part of Wilburn Oil and Murphree himself were proximate causes of Murphree’s death. The jury then made an allocation of fault as follows: Murphree, 60%; Wilburn Oil, 39%; Mack, ¾%; and Cummins, ¼%. The jury assessed total damages of $1.8 million. In formulating the judgment the trial court applied the settlement proceeds from the other defendants, totaling $330,000, to reduce the damages assessed to $1,470,000. After deducting 60% of that amount for the fault attributed to Murphree, it arrived at recoverable damages of $588,000.
Case Number: 95138
Note: The motion for rehearing filed by Bobbi Tackett is granted. The original opinions are withdrawn, and this opinion is substituted therefor. Appellee's Motion to Rule on Petition for Rehearing, Motion for Expedited Appeal and Motion for Extraordinary Relief are dismissed as moot.
  Party Name: Attorney Name:  
Appellant: Mack Trucks, Inc. and Cummins Engine Company, Inc.




 H. MITCHELL COWAN JOSEPH J. STROBLE MICHAEL D. CHASE L. F. SAMS WILLIAM C. SPENCER POPE SHANNON MALLETTE



  
Appellee: Bobbi Tackett, Wrongful Death Beneficiary of Tony Joe Murphree E. FARISH PERCY GARY L. CARNATHAN GRADY F. TOLLISON  


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