COLEMAN POWERMATE, INC. v. RHEEM MFG. CO.

No. 2002-IA-02117-SCT.

880 So.2d 329 (2004)

COLEMAN POWERMATE, INC., Briggs & Stratton Corporation and Wal-Mart Stores, Inc. v. RHEEM MANUFACTURING COMPANY as Assignee of the Estate and Wrongful Death Beneficiaries of Sarah Jane King, Deceased.

Supreme Court of Mississippi.

August 19, 2004.


Attorney(s) appearing for the Case

Robert H. Pedersen, James A. Becker, Jr., Jackson, Allen Lamar Burrell, Port Gibson, Roy A. Smith, Jr., Jackson, Kenneth R. Lang, Amy M. Decker, attorneys for appellants.

Gregory K. Davis, Jackson, George E. Cain, Deborah Mcdonald, Natchez, Edward F. Kohnke, attorneys for appellee.

EN BANC.


COBB, Presiding Justice, for the Court.

¶ 1. This case, which is based on an unusual set of facts, raises an issue of first impression for this Court. Specifically, does Mississippi's assignment statute together with Mississippi's wrongful death statute allow a defendant tortfeasor to settle with plaintiffs on a wrongful death claim, then bring an action, as assignee of the plaintiffs' wrongful death claim, against what would have been a joint tortfeasor had...

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