Legal Opinion · Concurring in part, dissenting in part

Kathy May Huber v. Cecilia Eubanks

Mississippi Supreme Court

Decided February 12, 2015No. 2012-CT-00030-SCTPublished

1Concurring in part, dissenting in partKitchens, Justice

¶ 55. I agree with my colleagues in the plurality that the chancellor correctly con-*872eluded , that she was without authority to divide the wrongful death settlement proceeds unequally. I write separately to express my disagreement with the line of cases which allows for a proportional division of damages for loss of society and companionship among wrongful death beneficiaries.

¶ 56. The wrongful death statute, Mississippi Code Section 11-7-13, provides, in pertinent part:

Damages for the injury and death of a married man shall be equally distributed to his wife and children, and if he has…

2Cases cited16 opinions

  1. Jesco, Inc. v. WhiteheadMississippi Supreme Court · 1984
  2. Long v. McKinneyMississippi Supreme Court · 2004
  3. McGowan v. Estate of WrightMississippi Supreme Court · 1988
  4. Derr Plantation, Inc. v. SwarekMississippi Supreme Court · 2009
  5. Sheffield v. SheffieldMississippi Supreme Court · 1981

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