NARKEETA TIMBER CO., INC. v. JENKINS

No. 1999-CA-01099-SCT.

777 So.2d 39 (2000)

NARKEETA TIMBER COMPANY, INC. and Lavon McCallum v. Velma JENKINS, Personal Representative of the Estate of Floyzell Hill, Johnny Mosley and Fannie Mosley.

Supreme Court of Mississippi.

Rehearing Denied February 22, 2001.


Attorney(s) appearing for the Case

H.W. Williams, III, Ridgeland, Attorney for Appellants.

Bennie L. Turner, West Point, Orlando Rodriquez Richmond, Sr., Attorneys for Appellees.

EN BANC.


SMITH, Justice, for the Court:

¶ 1. Narkeeta Timber Co., Inc. and Lavon McCallum ask this Court to hold as a matter of first impression that under Mississippi's tortfeasor liability apportionment statute, Miss.Code Ann. § 85-5-7 (1999), the collective joint and several liability of all defendants contributing to a loss is fifty percent. In other words, Narkeeta and McCallum contend that the statute does not authorize a prevailing plaintiff to recover fifty...

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