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FORTENBERRY v. CITY OF HATTIESBURG

No. 1999-CA-00334-COA.

758 So.2d 1023 (2000)

William Kalem FORTENBERRY, Appellant, v. CITY OF HATTIESBURG, Mississippi, Douglas Knight and John Doe, Individually and in Their Official Capacities, Appellees.

Court of Appeals of Mississippi.

February 8, 2000.

Attorney(s) appearing for the Case

James L. Quinn, Hattiesburg, Ronald L. Whittington, McComb, Attorneys for Appellant.

Jerry A. Evans, Hattiesburg, Attorney for Appellees.

BEFORE SOUTHWICK, P.J., DIAZ, AND PAYNE, JJ.

SOUTHWICK, P.J., for the Court:

¶ 1. William Fortenberry brought suit for injuries that he suffered while receiving police training conducted by Douglas Knight. Before an answer was filed, the Forrest County Circuit Court granted either a judgment on the pleadings or a dismissal for failure to state a claim, an ambiguity that we will address below. The court held that since both Fortenberry and Knight were governmental employees acting within the scope of their...

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