Kathy May Huber v. Cecilia Eubanks
Mississippi Supreme Court
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
- Jesco, Inc. v. WhiteheadMississippi Supreme Court · 1984
- Long v. McKinneyMississippi Supreme Court · 2004
- McGowan v. Estate of WrightMississippi Supreme Court · 1988
- Derr Plantation, Inc. v. SwarekMississippi Supreme Court · 2009
- Sheffield v. SheffieldMississippi Supreme Court · 1981
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