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MARTIN v. RANKIN CIRCLE APARTMENTS

No. 2004-CA-02216-COA.

941 So.2d 854 (2006)

Monica MARTIN, Mother, Guardian, and On Behalf of the Minor Children: Denise Patrice Martin, Pascha Monique Smith, Patrick Carnelious Smith, Jr., and Payco Montay Smith, Appellant v. RANKIN CIRCLE APARTMENTS d/b/a Mississippi Industrial College Homes, Inc., d/b/a Mississippi Industrial College Homes, Inc. of the Christian Methodist Episcopal Church; Brown & Robinson Systems & Services, P.A.; Mary Frances Robinson In Her Capacity as an Employee of Brown & Robinson Systems & Services; and Robert Young, In His Capacity as an Employee Of Brown & Robinson Systems & Services, All Jointly and Severally, Appellees.

Court of Appeals of Mississippi.

Rehearing Denied November 7, 2006.

Attorney(s) appearing for the Case

Barrett Jerome Clisby, Oxford, D. Reid Wamble, attorneys for appellant.

Dion Jeffery Shanley, Oxford, John D. Brady, Columbus, attorneys for appellees.

Before MYERS, P.J., SOUTHWICK and IRVING, JJ.

SOUTHWICK, J., for the Court.

¶ 1. The Marshall County Circuit Court granted summary judgment to defendants in a premises liability and wrongful death case. The event that led to the suit was the fatal shooting of a man in the parking lot of an apartment complex. On appeal, the victim's heirs allege that a common law premises liability legal standard should not have been applied, as they seek recovery based on tortious breach of the implied warranty of habitability...

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