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ALBERT v. SCOTT'S TRUCK PLAZA, INC.

No. 2007-CA-00008-SCT.

978 So.2d 1264 (2008)

Mark ALBERT, Individually and as Representative of the Wrongful Death Beneficiaries of Kyla Albert, Deceased v. SCOTT'S TRUCK PLAZA, INC., Incorrectly Named as Ronny Huddnal and Dorothy Huddnal, A Partnership, Doing Business as Scott's Amoco, Longspur, L.P., and Burns and Burns, Inc.

Supreme Court of Mississippi.

February 28, 2008.

Attorney(s) appearing for the Case

Jeffrey Dean Leathers, Tupelo, Attorney for Appellant.

James Ryan Perkins, J. Wyatt Hazard, Carolyn Curry Satcher, Jackson, Attorneys for Appellees.

EN BANC.

LAMAR, Justice, for the Court.

¶ 1. In this wrongful-death case, Kyla Albert, Mark Albert's wife, was struck and killed while crossing a public roadway en route from Scott's Truck Plaza to the gravel parking area across the road where her truck was parked. Mark Albert ("Plaintiff") filed suit against Scott's Truck Plaza; Longspur, L.P., the owner of the property upon which Scott's Plaza was situated; and Burns and Burns, Inc., the provider of the gas and gas...

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