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PINKSTON v. MISSISSIPPI DEPT. OF TRANSP.

No. 1998-CA-01049-COA.

757 So.2d 1071 (2000)

Dorothy PINKSTON, for and on Behalf of the heirs of Sonja A. PINKSTON, Dorlissa Pinkston, Dartarvias D. Pinkston, and as next friend of Shanedral C. Pinkston, Lewenca Pinkston and Adrena Pinkston, Appellants, v. The MISSISSIPPI DEPARTMENT OF TRANSPORTATION, Scott County Board of Supervisors and W.B. Patterson & Co., Appellees.

Court of Appeals of Mississippi.

April 4, 2000.

Attorney(s) appearing for the Case

Suzanne Griggins Keys, Isaac K. Byrd Jr., Precious Tyrone Martin, Jackson, Attorneys for Appellants.

J. Tucker Mitchell, Ridgeland, Jim Fraiser, Jackson, W. Shan Thompson, Ridgeland, Attorneys for Appellees.

BEFORE McMILLIN, C.J., BRIDGES, AND PAYNE, JJ.

BRIDGES, J., for the Court:

¶ 1. On March 26, 1997, Dorothy Pinkston filed a complaint in the Circuit Court of the First Judicial District of Hinds County alleging that the named defendants were liable for the wrongful death of Sonja Pinkston. The Mississippi Department of Transportation (MDOT) filed an answer to the complaint along with a motion to dismiss the complaint and a motion for summary judgment. In filing their motion to dismiss, MDOT claimed that Pinkston...

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