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CITY OF JACKSON v. ESTATE OF STEWART EX REL. WOMACK

No. 2008-CA-01997-SCT.

48 So.3d 502 (2010)

The CITY OF JACKSON, Mississippi v. The ESTATE OF Otha STEWART, Deceased, by and Through its Administrator, Emma WOMACK.

Supreme Court of Mississippi.

Rehearing Denied December 16, 2010.

Attorney(s) appearing for the Case

Pieter John Teeuwissen , Claire Barker Hawkins , attorneys for appellant.

James A. Bobo , Brandon, Mark C. Baker, Sr. , Pelahatchie, Bernard C. Jones, Jr. , Bolton, for attorneys for appellee.

Before WALLER, C.J., LAMAR and PIERCE, JJ.

PIERCE, Justice, for the Court:

¶ 1. In 2002, the Circuit Court of Hinds County in a bench trial found the City of Jackson liable for a fall sustained by an elderly woman, which the plaintiff alleged caused a stroke. Finding that a stroke was not foreseeable, we remanded the case for a new trial on damages. The trial court awarded the maximum amount of damages under the Mississippi Tort Claims Act, $250,000, after hearing testimony from Dr. Stephen Hayne, expert...

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