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J & J TIMBER CO. v. BROOME

No. 2004-IA-01914-SCT.

932 So.2d 1 (2006)

J & J TIMBER COMPANY, A Mississippi Corporation v. Rembert J. BROOME, Son and Next Friend of James C. Broome, Deceased, and Rembert J. Broome, Father and Next Friend of Sarah M. Broome, a Minor, Deceased.

Supreme Court of Mississippi.

May 4, 2006.

Attorney(s) appearing for the Case

William W. McKinley, Jr., Jackson, Dorrance Aultman, Hattiesburg, attorneys for appellant.

T. Jackson Lyons, Jackson, attorney for appellee.

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

DICKINSON, Justice, for the Court.

¶ 1. This wrongful death suit arises out of an accident between a log truck and a bus. As part of a settlement, the plaintiffs released the driver of the log truck from all liability and agreed to indemnify him against third-party claims. The question presented is whether the plaintiffs' settlement with the driver of the log truck precludes recovery against his employer under a vicarious liability theory. While the Appellant...

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