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RUSSELL v. EYE ASSOCIATES OF NORTHEAST LA.

No. 46,525-CA.

74 So.3d 230 (2011)

Betty Jean RUSSELL, Plaintiff-Appellee v. EYE ASSOCIATES OF NORTHEAST LOUISIANA and Hanover Insurance Company, Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

September 21, 2011.

Attorney(s) appearing for the Case

Hayes, Harkey, Smith & Cascio, Monroe, LA, by Harry M. Moffett, IV , Laura S. Achord , for Defendants-Appellants Eye Associates of Northeast Louisiana and Hanover Insurance Co.

Crawford & Ogg, Monroe, LA, by Brian E. Crawford , Ramsey L. Ogg , for Defendant-Appellee LAMMICO.

G. Greg Green , for Plaintiff-Appellee.

Before GASKINS, CARAWAY and PEATROSS, JJ.

GASKINS, J.

The defendants, Eye Associates of Northeast Louisiana and Hanover Insurance Company, appeal a trial court ruling granting summary judgment in favor of the Louisiana Medical Mutual Insurance Company ("LAMMICO"), essentially finding that the plaintiff's claim was based in tort and not in medical malpractice. For the following reasons, we reverse the trial court judgment and remand for further proceedings.

FACTS

The plaintiff, Betty Jean...

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