JONES v. JAMES REEVES CONTRACTORS, INC.

No. 93-CA-01139-SCT.

701 So.2d 774 (1997)

Wanda M. JONES as Mother and Natural Guardian of Alexander C. Jones, Ditra S. Cooley, and Derrick L. Cooley, the Minor Heirs at Law of Willis Cooley, Deceased; and Jimmy H. Cooley as Administrator of the Estate of Willis Cooley, Deceased, v. JAMES REEVES CONTRACTORS, INC., Howard Industries, Inc., and Foil, Wyatt, & McKewen, P.A.

Supreme Court of Mississippi.

Cases Decided Decisions Hand Down November 20, 1997.

Rehearing Denied November 20, 1997.


Attorney(s) appearing for the Case

John Arthur Eaves, Jr., T. Jackson Lyons, Jane Sanders Lewis, Jackson, for Appellant.

Sandra S. Mohler, Jon Mark Weathers, Bryan Nelson Randolph & Weathers, Hattiesburg; Michael O. Gwin, Watkins & Eager, Jackson; Luke Dove, Dove Chill & Calhoun, Jackson, for Appellee.

En Banc.


SMITH, Justice, for the Court:

The heirs and estate administrator of a construction worker sued the project architects, the lessee of the construction property and the general employer of a trackhoe operator. The worker and two others were killed when the walls of a ditch being excavated for a sewer line caved in, burying the workers and smothering them to death. The trial judge sustained motions for summary judgment as to all defendants and dismissed the lawsuit...

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