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McDANIEL v. RITTER

No. 07-59440.

556 So.2d 303 (1989)

A. Stephen McDaniel, Administrator of Estate of Alton Jerry Speaks, Deceased; Southern Institute of Aviation, Inc., d/b/a Memphis Jet Center; Memphis Aviation, Inc., d/b/a Memphis Jet Center; and J.B. Gaiennie v. Glenda J. RITTER and Rebecca F. Ritter.

Supreme Court of Mississippi.

Rehearing Denied February 14, 1990.

Attorney(s) appearing for the Case

Michael Farrell, Wells, Moore, Simmons, Stubblefield & Neeld, Jackson, Charles G. Walker, Petkoff, Lancaster & Walker, Memphis, Tenn., Kenna L. Mansfield, Jr., Wells, Wells, Marble & Hurst, Jackson, for appellants.

Mignon M. DeLaschmet, Wayne E. Ferrell, Jr., Ferrell & Hubbard, Jackson, William W. Ballard, Hernando, John B. Farese, Farese, Farese & Farese, Ashland, for appellees.

En Banc.

ROBERTSON, Justice, for the Court:

I.

Today's appeal arises from the fatal flight of a Memphis-based Beechcraft Bonanza B-36 airplane which experienced severe icing and crashed near Joplin, Missouri, killing pilot and passenger. The passenger's survivors have brought a wrongful death action in this state, suing the estate of the deceased pilot and everyone else in sight. Apparently crediting an assumption of risk defense theory, the jury found for the four...

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