Farmer v. B & G Food Enterprises

Docket Number:	2000-CA-00722-SCT

Supreme Court:	Opinion Date: 06-06-2002 Opinion Author: WALLER, Holding: AFFIRMED

Additional Case Information:	Judge(s) Concurring: PITTMAN, C.J., SMITH, P.J., AND CARLSON, J. Judge(s) Concurring Separately: GRAVES, J., JOINED BY DIAZ, J. Dissenting Author : McRAE, P.J., Dissent Joined By : EASLEY, J. Concurs in Result Only: COBB, J., Procedural History: Dismissal Nature of the Case: Personal Injury

Trial Court:	Date of Trial Judgment: 03-24-2000 Appealed from: PEARL RIVER COUNTY CIRCUIT COURT Judge: Michael R. Eubanks Disposition: the circuit court dismissed, granting Taco Bell's M.R.C.P. 12(b)(6) motion to dismiss. The dismissal was based upon a doctrine not yet adopted by Mississippi courts, the police officer and firefighter's rule.

Note:	PITTMAN, C.J., SMITH, P.J., AND CARLSON, J., CONCUR. COBB, J., CONCURS IN RESULT ONLY. GRAVES, J., CONCURS WITH SEPARATE WRITTEN OPINION JOINED BY DIAZ, J. McRAE, P.J., DISSENTS WITH SEPARATE WRITTEN OPINION JOINED BY EASLEY, J.

	Party Name:	Attorney Name:
Appellant:	SHELTON W. FARMER	SHEILA HAVARD SMALLWOOD GLENN LOUIS WHITE

Appellee:	B & G FOOD ENTERPRISES, INC. d/b/a TACO BELL #15326 AND CLAYTON S. BRUNSON, INDIVIDUALLY, AS THE NATURAL FATHER AND FOR AND ON BEHALF OF CLAYTON S. BRUNSON, II, A MINOR	RICHARD B. TUBERTINI JEFFREY G. PIERCE

Mississippi College School of Law