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CITY OF ELLISVILLE v. RICHARDSON

No. 2004-CA-00123-SCT.

913 So.2d 973 (2005)

The CITY OF ELLISVILLE, Mississippi, and Michael Tolbert, Individually and in His Official Capacity, v. Tammy W. RICHARDSON, Ronnie Richardson and Shana Richardson, A Minor by and through Her Mother and Natural Friend, Tammy W. Richardson.

Supreme Court of Mississippi.

April 28, 2005.

Attorney(s) appearing for the Case

Harold Waits Melvin, Patricia Francine Melvin, Laurel, attorneys for appellants.

Edwin L. Bean, McComb, attorney for appellees.

EN BANC.

RANDOLPH, Justice, for the Court.

¶ 1. In this case under the Tort Claims Act, Miss.Code Ann. §§ 11-46-1 to -23 (Rev.2002 & Supp.2004), a city and its police officer appeal from a judgment against them for damages where the plaintiffs were injured when their truck was struck by a vehicle driven by a third party who was pursued by the officer. We affirm in part and reverse and remand in part.

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