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Malone v. Capital Correctional Resources2/28/2002
ON MOTION FOR REHEARING
DATE OF JUDGMENT: 8/2/1999
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: AFFIRMED IN PART AND REVERSED AND REMANDED IN PART -02/28/2002
MOTION FOR REHEARING FILED: 09/06/2001
EN BANC.
. The motion for rehearing is granted. The original opinions are withdrawn, and these opinions are substituted therefor.
. Appellants Robert M. Malone, Robert Ray Malone, Annette Michelle Clark Malone and Ashley Carter (hereafter the Malones) filed suit in Hinds County Circuit Court, First Judicial District, seeking $4,900,000 in actual damages and $2,000,000 in punitive damages for personal injuries and other damages resulting from a gear-up landing of a Piper Aztec airplane in which they were passengers. The suit was filed against the pilot, Todd Jones (Jones); the owner of the airplane, Capital Correctional Resources, Inc. (CCRI); and the vice-president and sole stockholder of CCRI, James Brewer (Brewer).
. A motion for summary judgment filed by CCRI and Brewer contended that Jones was solely liable. The Malones responded to the motion and also filed a cross-motion for summary judgment against Brewer, CCRI and Jones, contending that Brewer and CCRI were liable under the provisions of Miss. Code Ann. ยงยง 61-1-3 & 61-11-1 (1996) and acknowledging that Jones's negligent acts and/or omissions solely caused the accident. Based on analysis and study of the pleadings, excerpts of depositions, various submissions by both parties and arguments and briefs of counsel, the circuit court found no genuine issue of material fact and granted summary judgment in favor of Brewer and CCRI and denied the Malones' cross-motion.
. Aggrieved by the circuit court's decision, the Malones timely filed their notice of appeal raising the following issues:
I. WHETHER THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT IN FAVOR OF BREWER AND CCRI?
II. WHETHER THE TRIAL COURT ERRED IN DENYING SUMMARY JUDGMENT IN FAVOR OF THE MALONES?
III. WHETHER THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT IN FAVOR OF BREWER AND CCRI ON THE ISSUE OF PUNITIVE DAMAGES?
FACTS
. In early November 1995, the Malones asked Jones to fly them from Jackson, Mississippi, to Knoxville, Tennessee, for a football game. The night prior to the game, Jones called Brewer to request permission to borrow the aircraft owned by CCRI, a Texas corporation engaged in the business of managing correctional facilities, for the flight to Tennessee since the plane Jones had planned to use was unavailable. Jones was a licensed pilot who occasionally piloted the airplane for CCRI on a contract basis but who was not employed by CCRI at the time of the flight. Brewer allowed Jones to borrow the aircraft owned by CCRI. The trip was safely made to Knoxville where Jones and the Malones attended the football game, and afterwards Jones flew them back to Jackson.
. Upon the return to Jackson, after being cleared to land at Hawkins field, Jones put the landing gear down in preparation for the landing. The control tower informed Jones that a single-engine plane was to land first, and he was to land after that plane. Jones then raised the landing gear, but when he was cleared to land, he failed to lower the landing gear. Upon impact, the airplane fishtailed, but Jones was able to bring it to a stop. An ambulance was called to the scene, but no one required medical treatment from the paramedics.
STANDARD OF REVIEW
. This Court conducts de novo review of orders granting or denying summary judgment and looks at all the evidentiary matt
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