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OLIVER v. GOODYEAR TIRE & RUBBER CO.

No. 2006-CA-01220-COA.

10 So.3d 976 (2009)

Gaila Tate McCaskill OLIVER f/k/a Gaila Tate McCaskill in her Capacity as Executrix of the Estate of Jeffrey L. McCaskill and as Next Friend to Matthew McCaskill, Josh McCaskill and Hunter McCaskill, Minors, Appellant v. The GOODYEAR TIRE & RUBBER COMPANY, Appellee.

Court of Appeals of Mississippi.

April 28, 2009.

Attorney(s) appearing for the Case

Frank J. Dantone, Edward D. Lamar, Greenville, attorneys for appellant.

J. Collins Wohner, David L. Ayers, Jimmy B. Wilkins, Jackson, attorneys for appellee.

Before LEE, P.J., IRVING and BARNES, JJ.

LEE, P.J., for the Court.

FACTS AND PROCEDURAL HISTORY

¶ 1. Jeffrey McCaskill was killed in a one-vehicle accident while driving on a two-lane farm road in Washington County. A tire on the left front side of McCaskill's truck burst; and McCaskill lost control of the truck, struck an embankment, and was thrown from the truck. At the time of the accident, McCaskill was exceeding the speed limit and was not wearing his seatbelt. There was also considerable...

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