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HOWARD v. ESTATE OF HARPER EX REL. HARPER

Nos. 2005-IA-00115-SCT, 2005-IA-00117-SCT.

947 So.2d 854 (2007)

Guy J. HOWARD and Joyce Howard v. The ESTATE OF Earline B. HARPER, by and through Talmadge L. HARPER, Administrator of the Estate of Earline B. Harper, and for the use and Benefit of the Estate of Earline B. Harper, and for the Use and Benefit of the Wrongful Death Beneficiaries of Earline B. Harper. Guy J. Howard and Joyce Howard v. The Estate of Melvin Thead, by and through Sandra Patton, Administratrix of the Estate of Melvin Thead, for the use and Benefit of the Estate of Melvin Thead, and for the Use and Benefit of the Wrongful Death Beneficiaries of Melvin Thead.

Supreme Court of Mississippi.

Rehearing Denied February 1, 2007.

Attorney(s) appearing for the Case

William W. McKinley, Jr., and Amanda Benefield Quave, Biloxi, attorneys for appellants.

Douglas Bryant Chaffin, Anthony Lance Reins, Susan Nichols Estes, Kenneth Luke Connor, and Stephen B. Jackson, Hattiesburg, attorneys for appellees.

EN BANC.

SMITH, Chief Justice, for the Court.

FACTS AND PROCEDURAL HISTORY

¶ 1. On October 6, 1997, Melvin Thead, in a state of deteriorated health, including age-related dementia and impaired cognitive skills, was admitted to a Benchmark Healthcare nursing home in Marion, Mississippi. Likewise, on December 30, 1997, Earline B. Harper, with similar health problems, was also admitted to Benchmark's Marion facility.

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