Marshall v. Kansas City Southern Railways Co.

ON WRIT OF CERTIORARI

LAMAR, Justice,

for the Court.

¶ 1. This case is before the Court on writ of certiorari. Merlean Marshall, Alphonzo Marshall, and Eric Shepard, individually and on behalf of all wrongful-death beneficiaries of Lucy Shepard (collectively “Beneficiaries”), petitioned this Court for writ of certiorari after the Court of Appeals affirmed the Scott County Circuit Court’s dismissal of their wrongful-death action as time-barred. We consider whether the Beneficiaries’ claims survive pursuant to the savings provision of Section 15-1-69 of the Mississippi Code. Finding the circuit…