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PIKE v. HOWELL BUILDING SUPPLY, INC.

No. 96-CT-01387-SCT.

748 So.2d 710 (1999)

Carol Faith PIKE, Executrix of the Estate of B.L. Strong, Deceased, v. HOWELL BUILDING SUPPLY, INC., Howell Construction Company, Inc. and United States Fidelity & Guaranty Company.

Supreme Court of Mississippi.

October 7, 1999.

Attorney(s) appearing for the Case

Patrick Malone Rand, Canton, Robert B. Ogletree, Jackson, Attorneys for Appellant.

Robert Brooks, Carthage, Attorney for Appellees.

EN BANC.

ON WRIT OF CERTIORARI

MILLS, Justice, for the Court:

¶ 1. In her complaint, plaintiff alleged both breach of contract and simple and gross negligence in the construction of a convenience store. At trial, defendants were allowed an "assumption of the risk" instruction, in effect precluding recovery. The jury found in favor of the defendants, and judgment was entered accordingly. The Court of Appeals reversed and remanded, finding the instruction...

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