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HINES v. SMITH

No. 44,285-CA.

16 So.3d 1234 (2009)

Brandy HINES and Her Husband, Raymond Hines, Plaintiff-Appellant v. Melissa Anne SMITH, M.D. and Louisiana Medical Mutual Insurance Co., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

August 12, 2009.

Attorney(s) appearing for the Case

Frank M. Ferrell, Shreveport, for Appellant.

Fred W. Sartor, Jr., for Appellee.

Before BROWN, WILLIAMS, GASKINS, PEATROSS and MOORE, JJ.

WILLIAMS, J.

Plaintiffs, Brandy Hines and Raymond Hines, appeal a district court's ruling sustaining an exception of res judicata urged by defendant, Melissa Ann Smith, M.D.,1 and her insurer, Louisiana Medical Mutual Insurance Company, ("LAMMICO"). For the reasons set forth herein, we reverse the district court's ruling and remand this matter for further proceedings.

FACTS

On January 14, 2006, the plaintiff, Brandy Hines...

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