Choctaw Maid Farms, Inc. v. Hailey


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Docket Number: 1998-CA-01215-SCT
Linked Case(s): 1998-CA-01215-SCT

Supreme Court: Opinion Date: 05-30-2002
Opinion Author: McRAE,
Holding: Affirmed

Additional Case Information: Judge(s) Concurring: DIAZ, EASLEY, CARLSON AND GRAVES, JJ.,
Judge(s) Concurring Separately: CARLSON, J., JOINED BY PITTMAN, C.J., AND EASLEY,
Dissenting Author : J. COBB, J., CONCURS IN PART AND DISSENTS IN PART
Dissent Joined By : SMITH, P.J., AND WALLER, J.
Procedural History: Jury Trial
Nature of the Case: Wrongful Death

Trial Court: Date of Trial Judgment: 05-04-1998
Appealed from: Kemper County Circuit Court
Judge: Larry Eugene Roberts
Disposition: trial court granted a directed verdict against CMF on the issue of liability, and also granted CMF a comparative negligence instruction regarding any potential liability on the part of Hailey. The jury found that CMF's negligence was ninety percent (90%) and that of the deceased to be ten percent (10%).

Note: DIAZ, EASLEY, CARLSON AND GRAVES, JJ., CONCUR. CARLSON, J., SPECIALLY CONCURS WITH SEPARATE WRITTEN OPINION JOINED BY PITTMAN, C.J., AND EASLEY, J. COBB, J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION JOINED BY SMITH, P.J., AND WALLER, J.

  Party Name: Attorney Name:  
Appellant: CHOCTAW MAID FARMS, INC.




FRED KRUTZ, III MARK C. CARLSON WALTER H. BOONE BYRON HANSBRO



 

Appellee: ELIZABETH F. HAILEY, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF THOMAS H. HAILEY, DECEASED EDDIE BRIGGS HENRY PALMER  


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