GREAT AMERICAN SURPLUS LINES INS. v. DAWSON

No. 54697.

468 So.2d 87 (1985)

GREAT AMERICAN SURPLUS LINES INS. CO. and Michael George Miller v. Wilmer DAWSON.

Supreme Court of Mississippi.

May 8, 1985.


Attorney(s) appearing for the Case

James L. Carroll, Richard T. Lawrence, Watkins & Eager, Jackson, for appellant.

Michael S. Allred, Thomas L. Kirkland, Jr., Satterfield & Allred, Jackson, MS, Donald E. Walsh, Watson, Wilkerson & Walsh, Liberty, for appellee.

Before PATTERSON, C.J., and DAN M. LEE and SULLIVAN, JJ.


PATTERSON, Chief Justice, for the Court:

This appeal follows a judgment in the Circuit Court of Amite County in the aggregate amount of $550,000.00 in favor of the plaintiff/appellee Wilmer Dawson. We reverse and remand for a new trial.

In our opinion the trial court improperly overruled defendants' motion for mistrial before any testimony was heard by the jury. Therefore we recount only those facts necessary for disposition on that ground.

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