DONALD v. TRIPLE S WELL SERVICE, INC.

No. 93-CT-01365-SCT.

708 So.2d 1318 (1998)

James H. DONALD and Barbara Lindsay Donald v. TRIPLE S WELL SERVICE, INC.

Supreme Court of Mississippi.

Rehearing Denied May 14, 1998.


Attorney(s) appearing for the Case

James Kenneth Wetzel, Gulfport, for Appellants.

Richard F. Yarbrough, Jr., Aultman Tyner McNeese & Ruffin, Columbia, for Appellee.

En Banc.


ON PETITION FOR WRIT OF CERTIORARI

BANKS, Justice, for the Court:

¶ 1. In this case we determine whether the introduction of evidence of alcohol use, where that evidence is ultimately found to be insufficient to create a viable issue as to any fact to be tried, is such error as to dictate reversal. We conclude that under some circumstances it is and that the judgment here must be reversed.

I.

¶ 2. On March 3, 1992, James...

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