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FENNELL v. STEWART

No. 2000-CA-00127-COA.

807 So.2d 1262 (2001)

Evelyn FENNELL, Individually and on behalf of the Heirs at Law of Aurelious Fennell, Deceased, Appellant, v. Lawrence STEWART, M.D., Appellee.

Court of Appeals of Mississippi.

Rehearing Denied November 6, 2001.

Certiorari Denied February 21, 2002.

Attorney(s) appearing for the Case

Isaac K. Byrd Jr., Jackson, Robert George Clark, III, Hiawatha Northington, II, Attorneys for Appellant.

Lisa L. Williams, Jackson, Attorney for Appellee.

EN BANC.

MYERS, J., for the court:

¶ 1. Mrs. Evelyn Fennell, individually and on behalf of the heirs at law of Mr. Aurelious Fennell, appeals the decision of the Pike County Circuit Court directing a verdict in favor of Dr. Lawrence Stewart. The sole issue presented is whether there was a material issue of fact in dispute that made the grant of a directed verdict improper. Finding that there was, we reverse and remand.

FACTS

¶ 2. On or about August...

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