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HERNDON v. MISSISSIPPI FORESTRY COM'N

No. 2009-CA-00700-COA.

67 So.3d 788 (2010)

H.K. HERNDON, Jr. and Myrna J. Herndon, Appellants v. MISSISSIPPI FORESTRY COMMISSION and Jimmy D. Bond, Appellees.

Court of Appeals of Mississippi.

Rehearing Denied May 10, 2011.

Certiorari Denied August 11, 2011.

Attorney(s) appearing for the Case

Lampton O. Williams Jr. , Joseph H. Montgomery , Poplarville, Cory Morris Williams , attorneys for appellants.

Stephen Giles Peresich , Biloxi, Johanna Malbrough McMullan , Jackson, Harry Johnson Schmidt III , Pascagoula, attorneys for appellees.

Before MYERS, P.J., GRIFFIS and BARNES, JJ.

BARNES, J., for the Court:

¶ 1. On October 20, 2005, H.K. Herndon Jr. was driving through a dense, early-morning fog on Highway 53 in Poplarville, Mississippi. At the same time, Jimmy D. Bond, an employee of the Mississippi Forestry Commission (MFC), was operating an MFC transport truck and, not seeing Herndon's vehicle, pulled onto Highway 53 from the driveway of the MFC's field office. Unable to avoid the MFC truck, Herndon crashed his vehicle into the rear...

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