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SMITH v. ST. PAUL FIRE & MARINE INS. CO.

No. CA 01-488.

64 S.W.3d 764 (2001)

76 Ark.App. 264

Kelly SMITH, as Administratrix of Lydia Shepard, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY.

Court of Appeals of Arkansas, Division III.

December 19, 2001.

Attorney(s) appearing for the Case

Taylor, Halliburton, Ledbetter & Caldwell, by: Mark Ledbetter, Memphis, TN, for appellant.

Barrett & Deacon, P.A., by: Paul D. Waddell and D.P. Marshall, Jr., Jonesboro, for appellee.

SAM BIRD, Judge.

During November 4-8, 1996, Lydia Shepherd received medical care from St. Bernard's Regional Medical Center. She died on November 8, 1996. On November 4, 1998, her daughter, Kelly Smith, and other heirs brought a wrongful-death and a survival claim against St. Paul Fire and Marine Insurance Co., the insurance provider for St. Bernard's. The heirs nonsuited these claims on February 19, 1999. The case at bar, alleging the same claims, was filed by appellant...

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