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KANSAS CITY SOUTHERN RY. CO. INC. v. JOHNSON

No. 1999-CA-00505-SCT.

798 So.2d 374 (2001)

KANSAS CITY SOUTHERN RAILWAY COMPANY, INC. v. J.C. JOHNSON and Kerry Lynn Johnson.

Supreme Court of Mississippi.

Rehearing Denied May 10, 2001.

Attorney(s) appearing for the Case

Stuart G. Kruger, Jackson, for Appellant.

Pat M. Barrett, Lexington, Isaac K. Byrd, Jr., Precious Tyrone Martin, Jackson, for Appellees.

Before PITTMAN, C.J., SMITH and DIAZ, JJ.

SMITH, Justice, for the Court:

¶ 1. On the Court's own motion, the prior opinions issued in this case are withdrawn, and this opinion is substituted therefor.

¶ 2. Kansas City Southern Railway appeals to this Court from a jury verdict rendered in Hinds County Circuit Court in favor of J.C. Johnson in the amount of $2.5 million and $1 million for Kerry Lynn Johnson. Judgment was entered based on the verdict. KCS subsequently moved for a judgment notwithstanding...

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