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McCAIN v. DAUZAT

No. 2000-CA-00355-SCT.

791 So.2d 839 (2001)

Bob McCAIN d/b/a McCain's Tree Service of Gulfport and Vicksburg, Mississippi v. Kenneth L. DAUZAT.

Supreme Court of Mississippi.

August 9, 2001.

Attorney(s) appearing for the Case

Alben N. Hopkins, Thomas A. Waller, Robert E. Briggs, Gulfport, for Appellant.

James L. Farrior, III, Pascagoula, for Appellee.

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

DIAZ, Justice, for the Court:

¶ 1. On August 28, 1997, Kenneth Dauzat (Dauzat) filed suit against Bob McCain, d/b/a McCain's Tree Service of Gulfport and Vicksburg, Mississippi (McCain), in the Circuit Court of Harrison County, First Judicial District. The complaint alleged that Dauzat was injured by a flying wood chip while working for McCain and operating a mechanical wood chipper. In addition, Dauzat alleged that the machine was unsafe lacking any protective...

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