DOUGLAS v. BURLEY

No. 2011-IA-00534-SCT.

134 So.3d 692 (2012)

Eddie E. DOUGLAS and Yazoo Valley Electric Power Association v. James A. BURLEY, Parent/Guardian and Next Friend of Joshua Hill, Deceased, Jakura Hill, Deceased, and Earnestine Hill, as Administrator of the Estate of and on behalf of all Wrongful Death Beneficiaries of Francesca Hill, Deceased.

Supreme Court of Mississippi.

Rehearing Denied February 28, 2013.


Attorney(s) appearing for the Case

Bradley F. Hathaway , Greenville, Phillip A. Gunn , attorneys for appellants.

Drew M. Martin , Dennis C. Sweet, III , Eduardo A. Flechas , Ronald E. Stutzman, Jr. , Rick D. Patt , Jackson, attorneys for appellees.

EN BANC.


LAMAR, Justice, for the Court:

¶ 1. James A. Burley filed a wrongful-death action on June 7, 2004, for the deaths of his daughter and grandchildren resulting from a vehicular accident between his daughter and an employee of Yazoo Valley Electric Power Association (collectively "YVEPA"). During the course of discovery, YVEPA attempted to determine whether Burley would support his theory of liability with expert testimony. Following two motions to compel for

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