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FORTUNE v. LEE COUNTY BD. OF SUP'RS

No. 94-CA-00102-SCT.

725 So.2d 747 (1998)

Margie Gail FORTUNE as Wrongful Death Beneficiary of Steven Lynn Fortune v. LEE COUNTY BOARD OF SUPERVISORS.

Supreme Court of Mississippi.

Opinion Concurring on Denial of Rehearing July 2, 1998.

Attorney(s) appearing for the Case

Karla Pierce, Dale Hubbard, Hubbard, Pierce & Baria, Jackson, Charles M. Merkel, Jr., John Cocke, Jack R. Dodson, Merkel & Cocke, Clarksdale, for Appellant.

William M. Beasley, Mitchell, Voge, Beasley & Corban, Tupelo, Leslie William Smith, Biloxi, for Appellee.

En Banc.

PRATHER, Chief Justice, for the Court:

STATEMENT OF THE FACTS AND CASE

¶ 1. Maggie Fortune's husband, Steven Fortune, and their two young children, Stephanie and Steven Matthew, were killed on December 11, 1989, when the vehicle in which they were riding fell from a bridge without guardrails on County Road 681 in Saltillo, Mississippi. Mrs. Fortune filed suit against the Lee County Board of Supervisors and the XYZ Construction Company on December...

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