WALTON v. BOURGEOIS

No. 56943.

512 So.2d 698 (1987)

Annie L. WALTON v. Michael O. BOURGEOIS, M.D., and Frank Gruich, M.D.

Supreme Court of Mississippi.

As Modified on Denial of Rehearing September 23, 1987.


Attorney(s) appearing for the Case

John A. Nichols, Jackson, for appellant.

Thomas L. Stennis, II, L. Christopher Breard, Bryant, Stennis & Colingo, Gulfport, for appellees.

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


ROBERTSON, Justice, for the Court:

I.

Today's appeal presents an issue of res judicata. Plaintiff brought an action in 1984 charging medical malpractice and asserting a theory of recovery sounding in tort. She suffered an adverse final judgment dismissing her complaint. In 1985 she filed a second suit against the same defendants, charging the same underlying facts, only this time she sought recovery for breach of contract. There is nothing in her second...

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