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ROBINSON PROPERTY GROUP v. McCALMAN

No. 2009-CA-00570-SCT.

51 So.3d 946 (2011)

ROBINSON PROPERTY GROUP, LIMITED PARTNERSHIP d/b/a Horseshoe Casino and Hotel v. Olivia McCALMAN, as Personal Representative and as Guardian of Kevin Andrew McCalman, Kenneth Anthony McCalman, The Wrongful Death Beneficiaries of Sarah McCalman, Deceased, and Geraldine Holmes, Individually and on Behalf of The Wrongful Death Beneficiaries of Michael Leroy Holmes, Deceased.

Supreme Court of Mississippi.

January 13, 2011.

Attorney(s) appearing for the Case

Dawn Davis Carson , Robert Lewis Moore , attorneys for appellant.

Dana J. Swan , Ralph Edwin Chapman , Clarksdale, C. Kent Haney , Drew, attorneys for appellees.

EN BANC.

DICKINSON, Justice, for the Court:

¶ 1. The wrongful-death heirs of two persons who died in an automobile accident sued a casino and the driver of the other vehicle. The trial court held the casino and driver jointly and severally liable. The casino appealed, arguing that it cannot be held liable under Mississippi's Dram Shop Act, which requires proof that it served alcohol to the driver when he was visibly intoxicated; and that it cannot be held jointly and...

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