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CITY OF JACKSON v. PRESLEY

No. 2004-CA-02284-SCT.

942 So.2d 777 (2006)

CITY OF JACKSON v. Lynda Key PRESLEY.

Supreme Court of Mississippi.

November 16, 2006.

Attorney(s) appearing for the Case

Michelle Lynn McKenzie, Donna Brown Jacobs, Leann W. Nealey, Jackson, Pieter John Teeuwissen, Ridgeland, attorneys for appellant.

Robert P. Myers, Jr., Joe Sam Owen, Gulfport, attorneys for appellee.

Before SMITH, C.J., CARLSON and RANDOLPH, JJ.

CARLSON, Justice, for the Court.

¶ 1. Prior to the commencement of a bench trial conducted pursuant to the Mississippi Tort Claims Act, the trial judge, without any request from the plaintiff's counsel, sua sponte entered a default judgment as to liability against the City of Jackson and proceeded to conduct a hearing as to damages only. At the conclusion of the one-day bench trial of this personal injury action, the trial judge entered a final judgment against...

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