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IN THE SUPREME COURT OF MISSISSIPPI NO. 94-CA-00948-SCT PAT SPARKS, INDIVIDUALLY AND ON BEHALF OF THE HEIRS AT LAW AND WRONGFUL DEATH BENEFICIARIES OF WILL HOLMES, DECEASED, AND KIMBERLY TAYLOR, A MINOR, BY AND THROUGH CATHY TAYLOR, HER NATURAL MOTHER AND GUARDIAN v. MYUNG KIM, JUAN SANTOS, JOHN DIAL, JOHN BERRY, WILLIAM TUMLINSON, MEDICAL DOCTORS; JOHN DOE, BETTY DOE, RICHARD ROE, UNKNOWN MEDICAL DOCTORS, NURSES, OFFICERS AND/OR EMPLOYEES OF MISSISSIPPI DEPARTMENT OF CORRECTIONS; LEROY BLACK, COMMISSIONER OF MISSISSIPPI DEPARTMENT OF CORRECTIONS; AND STEVE PUCKETT, INDIVIDUALLY AND A SUPERINTENDENT OF THE MISSISSIPPI STATE PENITENTIARY 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: 08/23/94 HON. EUGENE M. BOGEN SUNFLOWER COUNTY CIRCUIT COURT ELLIS TURNAGE JOHN L. CLAY CIVIL - WRONGFUL DEATH AFFIRMED - 11/13/97 12/4/97

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

I. STATEMENT OF THE FACTS AND CASE

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Mississippi Law