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EMPIRE ABRASIVE EQUIPMENT CORP. v. MORGAN

Nos. 2010-IA-00247-SCT, 2010-IA-00250-SCT, 2010-IA-00255-SCT.

87 So.3d 455 (2012)

EMPIRE ABRASIVE EQUIPMENT CORPORATION, Unimin Corporation, Specialty Sand Company, Lone Star Industries, Inc., Pearl Sands, Inc., Pearl Specialty Sands, Inc., Clark Sand Company, Clemco Industries Corporation, Custom Aggregates And Grinding, Inc., Hanson Aggregates, Inc., Pangborn Corporation, Precision Packaging, Inc., Southern Silica Of Louisiana, Inc., And Mine Safety Appliances, v. Henry S. MORGAN, Jr., Individually And On Behalf Of All Wrongful Death Beneficiaries Of Henry Morgan, Sr., Deceased. Mine Safety Appliance Company, Specialty Sand Company, and Unimin Corporation, v. Henry S. Morgan, Jr., Individually And on Behalf of All Wrongful Death Beneficiaries of Henry Morgan, Sr., Deceased. Clark Sand Company, Inc., et al. v. Henry Morgan, Jr., Individually and on Behalf of All Wrongful Death Beneficiaries of Henry Morgan, Sr., Deceased.

Supreme Court of Mississippi.

May 3, 2012.

Attorney(s) appearing for the Case

Katharine McKee Surkin , Randi Peresich Mueller , W. Wright Hill, Jr. , Clyde Lavel Nichols, III , Wade G. Manor , Jennifer Jones Skipper , Edwin S. Gault, Jr. , Charles R. Wilbanks, Jr. , Jackson, Ronald G. Peresich , W. Mark Edwards , Biloxi, Edward W. Mizell , J. Stevenson Ray , Ridgeland, Victor John Franckiewicz, Jr. , George Martin Street, Jr. , David A. Barfield , Kimberly Paige Mangum , Madison, James Scott Rogers , Fred Krutz, III , Matthew Robert Dowd , attorneys for appellants.

David Neil McCarty , Timothy W. Porter , Ridgeland, Patrick C. Malouf , John Timothy Givens , attorneys for appellee.

EN BANC.

CARLSON, PRESIDING Justice, for the Court.

¶ 1. Henry Morgan, Sr., filed a personal-injury suit against eighty-eight defendants, claiming injuries related to silicosis. Morgan, Sr., died while the personal-injury case was pending, and the case eventually was dismissed. More than three years after Morgan, Sr.'s death, his son, Henry Morgan, Jr., filed a wrongful-death suit individually and on behalf of all wrongful-death...

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