Deshpande v. Ferguson Bros. Construction Co.

PRATHER, Justice,

for the Court:

I

This is a wrongful-death case arising from a collision between an automobile driven by Vidya K. Deshpande (plaintiffs decedent) and a gravel truck driven by a Ferguson Brothers’ (defendant’s) employee, Charlie Doyle. The collision occurred on U.S. Highway 82 near the town of Itta Bena in Leflore County. At the close of all the evidence, the trial judge court granted a peremptory instruction (Instruction D-3) through which Deshpande was deemed negligent as a matter of law. The jury subsequently returned a verdict in favor of Ferguson.

The primary issue raised in…