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MIGA v. COLE EX REL. DILLON

Nos. 2005-IA-02238-SCT, 2005-IA-02246-SCT.

954 So.2d 407 (2007)

MISSISSIPPI INSURANCE GUARANTY ASSOCIATION v. Kyndall COLE, a Minor, By and Through Wendy DILLON as Next Friend and Natural Mother. Southwest Mississippi Regional Medical Center v. Kyndall Cole, a Minor By and Through Wendy Dillon as Next Friend and Natural Mother.

Supreme Court of Mississippi.

Rehearing Denied May 3, 2007.

Attorney(s) appearing for the Case

Clifford C. Whitney, III, Vicksburg, attorney for appellant in No. 2005-IA-02238-SCT.

T. Mack Brabham, McComb, attorney for appellee.

R. Mark Hodges, Gretchen W. Kimble, Jackson, attorneys for appellant in No. 2005-IA-02246-SCT.

Before SMITH, C.J., DIAZ and EASLEY, JJ.

EASLEY, Justice, for the Court.

¶ 1. These two consolidated interlocutory appeals were filed by the Mississippi Insurance Guaranty Association (MIGA) and Southwest Mississippi Regional Medical Center (SMRMC). Finding no error, this Court affirms the trial court's denial of MIGA's and SMRMC's motion for summary judgment.

PROCEDURAL HISTORY

¶ 2. On December 31, 2002, Wendy Dillon (Dillon) filed suit in the Circuit Court of Pike County, Mississippi...

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