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ODOM BY AND THROUGH ODOM v. PARKER

No. 07-58607.

547 So.2d 1155 (1989)

Sherri Leigh ODOM, a Minor, By and Through her Mother and Next Friend, Brenda J. ODOM v. Clint PARKER, et al.

Supreme Court of Mississippi.

August 23, 1989.

Attorney(s) appearing for the Case

Jayne L. Buttross, Jackson, Richard C. Fitzpatrick, Poplarville, for appellant.

Harry R. Allen, Robert W. Atkinson, Bryan, Nelson, Allen, Schroeder & Cobb, Gulfport, for appellees.

Before HAWKINS, P.J., and PRATHER and BLASS, JJ.

HAWKINS, Presiding Justice, for the Court:

Sherri Leigh Odom and her mother Brenda J. Odom as next friend have appealed from an order of the circuit court of Pearl River County granting an additur but not ordering a new trial on damages. Because the Odoms as plaintiffs were not afforded an election of choosing a new trial on damages, we reverse.

FACTS

On October 18, 1985, Clint Parker drove an automobile into the rear of another car stopped at an...

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