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KILHULLEN v. KANSAS CITY SOUTHERN RY.

No. 2006-CA-01564-COA.

8 So.3d 186 (2008)

Gigi KILHULLEN, Appellant, v. KANSAS CITY SOUTHERN RAILWAY and Robert W. Lay, Appellees.

Court of Appeals of Mississippi.

Rehearing Denied July 22, 2008.

Attorney(s) appearing for the Case

Barry W. Gilmer, Reid S. Bruce, Jackson, attorneys for appellant.

Charles E. Ross, Jackson, William B. Lovett, attorneys for appellees.

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

IRVING, J., for the Court.

¶ 1. Gigi Kilhullen sued Kansas City Southern Railway (KC Southern) and Robert Lay (collectively, the Appellees), alleging that they caused the wrongful death of her husband, Thomas Kilhullen. Following discovery, the Scott County Circuit Court granted summary judgment on behalf of the Appellees. Aggrieved, Kilhullen appeals and asserts that the court erred (1) in rejecting the affidavit of Jimmy Shelton, whom Kilhullen offered as a...

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