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REIN v. BENCHMARK CONST. CO.

No. 2001-CA-01886-SCT.

865 So.2d 1134 (2004)

F. Joseph "Jerry" REIN, Sr. and F. Joseph "Joey" Rein, Jr., Individually and on Behalf of all Wrongful Death Beneficiaries of Gatha Nell Rein, Deceased v. BENCHMARK CONSTRUCTION COMPANY, Growin Green Landscape, Inc. and William Schilling, Individually and d/b/a Natural Accents Nursery and Landscapers.

Supreme Court of Mississippi.

February 12, 2004.

Attorney(s) appearing for the Case

Shane F. Langston, Jackson, attorney for appellants.

Jason Hood Strong, and Robert S. Addison, Jackson, Cecelia Denise Cameron, Richard T. Lawrence, and Craig Robert Sessums, Jackson, attorneys for appellees.

ON MOTION FOR REHEARING

SMITH, Presiding Justice, for the Court.

¶ 1. The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor.

¶ 2. Gatha Nell Rein, an elderly Alzheimer's patient, was a resident of Silver Cross Nursing Home ("Silver Cross"). She died on September 3, 1998, as a result of being attacked and bitten in...

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