ESTATE OF KLAUS v. VICKSBURG HEALTHCARE

No. 2006-IA-00675-SCT.

972 So.2d 555 (2007)

The ESTATE OF Stacey Kay KLAUS by Alta KLAUS, Administratrix and Alta Klaus as Personal Representative of the Wrongful Death Beneficiaries of Stacey Kay Klaus. v. VICKSBURG HEALTHCARE, LLC d/b/a River Region Health Systems, River Region Medical Corporation, Triad Hospitals, Inc., Stephanie Vanderford, R.N., and Eugene Ferris, III, M.D.

Supreme Court of Mississippi.

Rehearing Denied January 31, 2008.


Attorney(s) appearing for the Case

Jerry Campbell, Vicksburg, Attorney for Appellants.

Kristopher Alan Graham, Stuart Bragg Harmon, Jackson, R.E. Parker, Sr., Clifford C. Whitney, III, Vicksburg, Attorneys for Appellees.

EN BANC.


RANDOLPH, Justice, for the Court.

¶ 1. In this interlocutory appeal, the Court is asked to address the legislatively-instituted cap on non-economic damages found in Mississippi Code Annotated Section 11-1-60(2)(a) (Supp.2007) and its effect, vel non, on the wrongful-death statute, i.e., Mississippi Code Annotated Section 11-7-13 (Rev.2004).

FACTS

¶ 2. Stacey Kay Klaus ("Stacey") died following...

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