Miss. Supreme Court upholds dismissal of wrongful death lawsuit - WDAM-TV 7-News, Weather, Sports-Hattiesburg, MS

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Miss. Supreme Court upholds dismissal of wrongful death lawsuit

The Mississippi Supreme Court is upholding

the dismissal of a wrongful death lawsuit brought by a truck driver

whose wife was killed at a Meridian truck stop.

The court record says Kayla Albert was struck and killed after

dark in 2002, while crossing a public roadway from Scott's Truck

Plaza to a gravel parking area where her truck was parked. Mark

Albert, her husband, sued the truck stop's operators in Lauderdale

County Circuit Court.

Among Albert's allegations, according to the court record, were

that the truck stop operators failed to provide adequate lighting

and had placed a propane tank and advertising in its parking lot,

which obstructed the view of pedestrians and drivers of oncoming

traffic.

Circuit Judge Lester Williamson Jr. dismissed the lawsuit in

2006, ruling that Albert didn't prove his allegations.

The Supreme Court, in a 5-4 decision this past week, upheld

Williamson's ruling.

Justice Ann Lamar said the Supreme Court's majority agreed

Albert failed to prove that his wife's death was the result of the

alleged obstructions or insufficient lighting.

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