REYES-RAMIREZ v. PROGRESSIVE SEC. INS. CO.

No. 08-374.

996 So.2d 1213 (2008)

Maria Guadalupe REYES-RAMIREZ, et al. v. PROGRESSIVE SECURITY INSURANCE CO., et al.

Court of Appeal of Louisiana, Third Circuit.

November 5, 2008.


Attorney(s) appearing for the Case

John W. Redmann, Law Offices of John W. Redmann, Metairie, Louisiana, for Plaintiffs/Appellants, Maria Guadalupe Reyes-Ramirez, Jose Luis Baez-Acuna, Yolanda Reyes-Ramirez De Baez.

V. Ed McGuire, III, Plauché, Smith & Nieset, Lake Charles, Louisiana, for Defendants/Appellees, Progressive Security Insurance Company, Greta E. Painter.

Court composed of SYLVIA R. COOKS, MICHAEL G. SULLIVAN, and BILLY HOWARD EZELL, Judges.


SULLIVAN, Judge.

Plaintiffs appeal the trial court's grant of Defendants' exception of res judicata, which asserted that Plaintiffs' reservation of rights in releases they signed did not reserve them the right to thereafter pursue claims for exemplary damages against Defendants. For the following reasons, we reverse the trial court's judgment.

Facts

Jose Luis Baez-Acuna, Yolanda Reyes-Ramirez, their minor son, Jose Luis Baez-Reyes, and Maria...

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