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SMITH v. HOLMES

Nos. 2004-CA-01920-SCT, 2004-CA-02116-SCT.

921 So.2d 283 (2005)

Demarcus SMITH, A Minor, and Kiara Smith, A Minor, and Tevon Smith, A Minor, Deceased and/or Estate of Tevon Smith by Carl Smith, Personal Representative, Natural Father and Next Friend, All by their Natural Father and Next Friend, Carl Smith, Individually, and as a Wrongful Death Beneficiary of Tevon Smith, and Carl Smith on Behalf of All of Tevon Smith's Wrongful Death Beneficiaries v. Cassandra L. HOLMES, Individually and as Natural Guardian and Next Friend of Demarcus Holmes and Kiara Holmes, and as Personal Representative of the Estate of Tevon Holmes, Deceased; and Boone Express, Inc. Demarcus Smith, A Minor, and Kiara Smith, A Minor, and Tevon Smith, A Minor, Deceased and/or Estate of Tevon Smith by Carl Smith, Personal Representative, Natural Father and Next Friend, All by their Natural Father and Next Friend, Carl Smith, Individually, and as a Wrongful Death Beneficiary of Tevon Smith, and Carl Smith on Behalf of all of Tevon Smith's Wrongful Death Beneficiaries v. Boone Express, Inc. and Michael Dale.

Supreme Court of Mississippi.

Rehearing Denied March 2, 2006.

Attorney(s) appearing for the Case

Daniel A. Seward, attorney for appellants.

B. Humphreys McGee, III, Michael N. Watts, Oxford. Todd B. Murrah, attorneys for appellees in No. 2004-CA-01920-SCT.

Todd B. Murray, for appellees in No. 2004-CA-02116-SCT.

EN BANC.

WALLER, Presiding Justice, for the Court.

¶ 1. These consolidated appeals raise issues of parental immunity, priority jurisdiction, a fiduciary's conflict of interest, and joinder of wrongful death beneficiaries. We find that (1) Glaskox ex rel. Denton v. Glaskox, 614 So.2d 906, 909 (Miss.1992), abrogated the doctrine of parental immunity for a parent who negligently...

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