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RUDOLPH v. D.R.D. TOWING CO., LLC

No. 10-CA-629.

59 So.3d 1274 (2011)

Randy James RUDOLPH v. D.R.D. TOWING COMPANY, LLC and Martin Operating Partnership, LP.

Court of Appeal of Louisiana, Fifth Circuit.

January 11, 2011.

Attorney(s) appearing for the Case

Isaac H. Soileau, Jr. , Ryan A. Jurkovic , Attorneys at Law, New Orleans, LA, for Plaintiff/Appellant, Randy James Rudolph.

Bert M. Cass, Jr. , Paul D. Hale , Isaac H. Ryan , Attorneys at Law, New Orleans, LA, for Defendant/Appellee, D.R.D. Towing Company, L.L.C.

Panel composed of Judges MARION F. EDWARDS, SUSAN M. CHEHARDY, and CLARENCE E. McMANUS.

SUSAN M. CHEHARDY, Judge.

This is a maritime personal injury case in which the plaintiff appeals the trial court's grant of an exception of res judicata. For the following reasons, we vacate the judgment and remand the case.

FACTS

Randy James Rudolph filed suit on October 14, 2008, against D.R.D. Towing Company, LLC, as operator of the M/V RUBY E, and against Martin Operating Partnership, L.P., as owner and operator of the M/V MARTIN CHALLENGER,...

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