Jeff Miller and wife, Janice Miller, each individually, and as surviving parents and next of kin of the minor, William J. Miller, deceased v. Beaty Lumber, Inc.

Case Number
M2007-00253-COA-R3-CV

This is a negligence case that resulted in a directed verdict for the defendant. The plaintiff’s minor son was killed when the truck he was riding in collided with a logging truck pulling the defendant’s load of logs. All parties involved in the accident died, and there were no eyewitnesses. The plaintiffs filed suit against the defendant on behalf of their deceased son. At trial, the defendant moved for a directed verdict, which the court granted. The plaintiffs now appeal, alleging that the trial court applied the wrong standard when it granted the directed verdict. Next, the plaintiffs argue that the court should have applied the theory of joint and several liability because the case involved concurrent negligence resulting in an indivisible harm. Finally, the plaintiffs argue that the court erred by excluding evidence relating to the defendant’s liability insurance. We affirm.

Authoring Judge
Presiding Judge Alan E. Highers
Originating Judge
Judge John D. McAfee
Case Name
Jeff Miller and wife, Janice Miller, each individually, and as surviving parents and next of kin of the minor, William J. Miller, deceased v. Beaty Lumber, Inc.
Date Filed
Dissent or Concur
No
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