KOSSUTH TRUCKING, INC. v. CATERPILLAR, INC.

No. 2005-CA-02032-COA.

941 So.2d 903 (2006)

KOSSUTH TRUCKING, INC., Appellant, v. CATERPILLAR, INC., Appellee.

Court of Appeals of Mississippi.

November 7, 2006.


Attorney(s) appearing for the Case

John A. Ferrell, Booneville, attorney for appellant.

Robert Glenn Krohn, Corinth, attorney for appellee.

Before KING, C.J., SOUTHWICK and IRVING, JJ.


SOUTHWICK, J., for the Court.

¶ 1. Kossuth Trucking, Inc. brought suit against Caterpillar, Inc. alleging that an engine in one of Kossuth's trucks was negligently repaired by a mechanic for whom Caterpillar was responsible. Caterpillar was granted summary judgment based on the trial court's conclusion that the mechanic was not Caterpillar's agent. We agree and affirm the judgment.

FACTS

¶ 2. The object at the center of the parties' dispute...

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