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SIMMONS v. BAUMER FOODS, INC.

No. 2009-CA-1739.

55 So.3d 789 (2010)

Seymore SIMMONS, Individually and on Behalf of His Deceased Wife, Robin Simmons, Wayne Thomas, Jr., Individually and on Behalf of His Deceased Mother, Robin Simmons, Justin Thomas Individually and on Behalf of his Deceased Mother, Robin Simmons And Wayne Thomas, Sr., Natural Tutor, on Behalf of his Minor Child Jirus Thomas, Individually and on Behalf of his Deceased Mother, Robin Simmons v. BAUMER FOODS, INC., Task Force Staffing Services, Inc., Zurich Insurance Company, and National Union Fire-Pittsburgh Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied January 14, 2010.

Attorney(s) appearing for the Case

Ron A. Austin , Margaret "Maggie" Madere, Austin & Associates, L.L.C., Harvey, LA, for Plaintiffs/Appellants.

Robert J. David, Jr. , Sue Nations, Juneau David, APLC, Lafayette, LA, for National Union Fire Insurance Company of Pittsburgh, PA.

Charles M. Lanier , Oscar M. Gwin IV , Christovich & Kearney, LLP, New Orleans, LA, for Task Force Staffing Services, Inc.

Thomas L. Gaudry, Jr. , Michael D. Peytavin , Gaudry Ranson Higgins & Gremillion, L.L.C., Gretna, LA, for American Zurich Insurance Company.

Robert I. Siegel , Margaret L. Sunkel , Emily E. Eagan , Gieger Laborde & Laperouse, LLC, New Orleans, LA, for Baumer Foods, Inc.

(Court composed of Judge PATRICIA RIVET MURRAY, Judge JAMES F. McKAY, III, Judge DENNIS R. BAGNERIS, SR., Judge MAX N. TOBIAS, JR., Judge EDWIN A. LOMBARD).

EDWIN A. LOMBARD, Judge.

This appeal is from a judgment granting the exception of res judicata, filed on behalf of defendants American Zurich Insurance Company (American Zurich), National Union Fire Insurance Company (National Union), Task Force Staffing Services, Inc. (Task Force), and Baumer Foods, Inc. (Baumer). After review of the record in light of the applicable law and arguments of the parties, we affirm in part and reverse in part and remand the matter...

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