MUNN v. SOUTHERN HEALTH PLAN, INC.

No. DC87-124-S-O.

719 F.Supp. 525 (1989)

Ray James MUNN, Individually, and Ray James Munn, Administrator of the Estate of Elaine Munn, Deceased, on Behalf of the Heirs at Law and Wrongful Death Beneficiaries of Elaine Munn, Deceased, Plaintiff, v. SOUTHERN HEALTH PLAN, INC., d/b/a IPA Apple Plan, Intervening Plaintiff, v. Trudy E. ALGEE, Defendant.

United States District Court, N.D. Mississippi, Delta Division.

August 14, 1989.


Attorney(s) appearing for the Case

Phil Zerilla, Jr., Memphis, Tenn., for plaintiff.

John I. Houseal, Jr., Memphis, Tenn., for intervening plaintiff.

Gary K. Smith, Memphis, Tenn., for defendant.


OPINION

SENTER, Chief Judge.

This wrongful death case presents some of the most difficult questions which this court has ever been asked to resolve. The case arose from an automobile accident which the defendant admits resulted from her negligence in attempting to pass another vehicle in dense fog. The plaintiff's wife was severely injured as a result of the collision and died approximately two hours after the accident. The problem arises because the plaintiff...

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