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DEPT. OF TRANSP. v. NOSEF EX. REL. COWART

No. 2012-IA-00280-SCT.

110 So.3d 317 (2013)

MISSISSIPPI DEPARTMENT OF TRANSPORTATION and Mississippi Transportation Commission v. Presley Y. NOSEF Individually and on Behalf of All Wrongful Death Beneficiaries of A.J. COWART.

Supreme Court of Mississippi.

April 4, 2013.

Attorney(s) appearing for the Case

Andrew M.W. Westerfield , attorney for appellee.

Jefferson Allen , attorney for appellants.

Before RANDOLPH, P.J., LAMAR and KITCHENS, JJ.

RANDOLPH, Presiding Justice, for the Court:

¶ 1. Before the Court is the interlocutory appeal of the Mississippi Department of Transportation, et al. ("MDOT") of the Coahoma County Circuit Court's denial of MDOT's motion for summary judgment in a wrongful-death action filed by the wrongful-death beneficiaries of A.J. Cowart ("Nosef").

¶ 2. In August 2007, Cowart pulled his 2004 Buick LeSabre onto the shoulder of Highway No. 1 in Coahoma County. He...

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