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CLARK v. NEESE

No. 2012-CA-00653-SCT.

131 So.3d 556 (2013)

Kathryn Schroeder CLARK, with Power of Attorney for Helen Schroeder v. Lisa Younger NEESE, Administratrix of the Estate of Harry L. Schroeder, Deceased.

Supreme Court of Mississippi.

Rehearing Denied February 20, 2014.

Attorney(s) appearing for the Case

Dunbar Dowdy Watt , Wayne Dowdy , Magnolia, attorneys for appellant.

Norma Carr Ruff , Dan W. Webb , Tupelo, attorneys for appellee.

Before DICKINSON, P.J., PIERCE and COLEMAN, JJ.

DICKINSON, Presiding Justice, for the Court:

¶ 1. Helen Schroeder was a passenger in an automobile being driven by her husband, Harry Schroeder, when a log truck collided with the rear of the automobile, killing Harry and severely injuring Helen, who, since the accident, has substantially diminished mental capacity. In a federal lawsuit, Helen — both individually and as one of Harry's wrongful-death beneficiaries — claimed the truck driver was at...

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