BYRD v. MATTHEWS

No. 07-CA-58754.

571 So.2d 258 (1990)

Patricia W. BYRD v. Bobby Glen MATTHEWS and Allstate Insurance Co.

Supreme Court of Mississippi.

November 28, 1990.


Attorney(s) appearing for the Case

Claude W. Milstead, Jack R. Davis, Jackson, for appellant.

Mildred M. Morris, Steen Reynolds Dalehite & Currie, Jimmie B. Reynolds, Jr., Steen Reynolds Firm, Jackson, John C. McLaurin, McLaurin & McLaurin, Brandon, for appellee.

EN BANC.


PRATHER, Justice, for the Court:

I. INTRODUCTION

A.

This case involves the issue of whether the assumption-of-risk doctrine, a defense available in a personal-injury action, is also available in a spouse's loss-of-consortium action. This Court concludes that permitting its availability would be consistent with established Mississippi case law. In reaching this conclusion, this Court is cognizant of the seemingly-unquestionable viability...

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