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CAPITAL CITY INS. CO. v. HURST

No. 09-60403.

632 F.3d 898 (2011)

CAPITAL CITY INSURANCE COMPANY, Plaintiff-Appellee, v. Latasha HURST, Individually and As Administratrix of the Estate of Lecedrick Hurst; Diondrick Hurst and Lecedrick Hurst, Minors By and Through Their Parent and Natural Guardian, Latasha Hurst, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 3, 2011.

Attorney(s) appearing for the Case

Hubert Wesley Williams, III , James Henderson Hall , Bridgette Trenette Thomas , Markow Walker, P.A., Ridgeland, MS, for Plaintiff-Appellee.

Johnell Mosby Matthews , Chrystal Michelle Matthews , Matthews & Matthews, Baton Rouge, LA, for Defendant-Appellant.

Before KING, DeMOSS and PRADO, Circuit Judges.

PRADO, Circuit Judge:

Lecedrick Hurst—husband of Latasha Hurst—was killed on October 30, 2004, when he was thrown from his vehicle after it collided with Darral Bell's vehicle. Minutes before the collision, Hurst and Bell had an altercation at an acquaintance's house during which Hurst slapped and threatened Bell. A jury convicted Bell of manslaughter, without malice aforethought, in the heat of passion. Latasha Hurst brought a wrongful death action...

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