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IN THE SUPREME COURT OF MISSISSIPPI NO. 2004-CA-01920-SCT

DEMARCUS SMITH, A MINOR, AND KIARA SMITH, A MINOR, AND TEVON SMITH, A MINOR, DECEASED AND/OR ESTATE OF TEVON SMITH BY CARL SMITH, PERSONAL REPRESENTATIVE, NATURAL FATHER AND NEXT FRIEND, ALL BY THEIR NATURAL FATHER AND NEXT FRIEND, CARL SMITH, INDIVIDUALLY, AND AS A WRONGFUL DEATH BENEFICIARY OF TEVON SMITH, AND CARL SMITH ON BEHALF OF ALL OF TEVON SMITH'S WRONGFUL DEATH BENEFICIARIES v. CASSANDRA L. HOLMES, INDIVIDUALLY AND AS NATURAL GUARDIAN AND NEXT FRIEND OF DEMARCUS HOLMES AND KIARA HOLMES, AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF TEVON HOLMES, DECEASED; AND BOONE EXPRESS, INC.

DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEY FOR APPELLANTS: ATTORNEYS FOR APPELLEES:

NATURE OF THE CASE: DISPOSITION: MOTION FOR REHEARING FILED: MANDATE ISSUED:

07/28/2004 HON. LARRY O. LEWIS TUNICA COUNTY CIRCUIT COURT DANIEL A. SEWARD B. HUMPHREYS McGEE, III MICHAEL N. WATTS TODD B. MURRAH CIVIL - WRONGFUL DEATH REVERSED AND REMANDED - 12/15/2005

CONSOLIDATED WITH NO. 2004-CA-02116-SCT DEMARCUS SMITH, A MINOR, AND KIARA SMITH, A MINOR, AND TEVON SMITH, A MINOR, DECEASED AND/OR ESTATE OF TEVON SMITH BY CARL SMITH, PERSONAL REPRESENTATIVE, NATURAL FATHER AND NEXT FRIEND, ALL BY THEIR NATURAL FATHER AND NEXT FRIEND, CARL SMITH, INDIVIDUALLY, AND AS A WRONGFUL DEATH BENEFICIARY OF TEVON SMITH, AND CARL SMITH ON BEHALF OF ALL OF TEVON SMITH'S WRONGFUL DEATH BENEFICIARIES v. BOONE EXPRESS, INC. AND MICHAEL DALE DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEY FOR APPELLANTS: ATTORNEY FOR APPELLEES: NATURE OF THE CASE: DISPOSITION: MOTION FOR REHEARING FILED: MANDATE ISSUED: 07/28/2004 LARRY O. LEWIS TUNICA COUNTY CIRCUIT COURT DANIEL A. SEWARD TODD B. MURRAH WRONGFUL DEATH AFFIRMED - 12/15/2005

EN BANC. WALLER, PRESIDING JUSTICE, FOR THE COURT:

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