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THORNTON v. W.E. BLAIN & SONS, INC.

No. 2003-CA-00244-COA.

878 So.2d 1082 (2004)

Amanda THORNTON, a Minor, by and through her Next Friend, for and on behalf of Herself and all Others Entitled to Recover for the Wrongful Death of David Patrick THORNTON and on behalf of other Interested Parties, Appellants, v. W.E. BLAIN & SONS, INC., a Mississippi Corporation, Appellee.

Court of Appeals of Mississippi.

July 27, 2004.

Attorney(s) appearing for the Case

Brett Woods Robinson, Christopher Brian McDaniel, J. Robert Sullivan, James Robert Sullivan, Laurel attorneys for appellants.

John David Price, Jackson, Gretchen W. Kimble, attorneys for appellee.

Before KING, C.J., BRIDGES, P.J., and CHANDLER, J.

CHANDLER, J., for the Court.

¶ 1. This appeal arises from an order of the Covington County Circuit Court granting summary judgment to W.E. Blain & Sons, Inc., a general contractor, in a wrongful death action. David Patrick Thornton, an employee of Magco, Inc., which had subcontracted with Blain for the milling work on a highway project, was crushed to death when the construction equipment on which he was riding was struck by a backhoe owned by Blain and operated...

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