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IN THE SUPREME COURT OF MISSISSIPPI NO. 2009-CA-00603-SCT THELMA R. KOESTLER AND LEO C. (MICKEY) KOESTLER, DECEASED, BY AND THROUGH THELMA R. KOESTLER v. MISSISSIPPI BAPTIST HEALTH SYSTEMS, INC.; BAPTIST MEMORIAL MEDICAL CENTER, INC.; BAPTIST BEHAVIORAL HEALTH SERVICES; WILLIAM S. COOK, JR., M.D., P.A.; WILLIAM S. COOK, JR., M.D., INDIVIDUALLY AND/OR IN HIS CAPACITY AS AN EMPLOYEE OF MISSISSIPPI BAPTIST MEDICAL SYSTEMS, INC., AND/OR IN HIS CAPACITY AS AN EMPLOYEE OF MISSISSIPPI BAPTIST MEDICAL CENTER, INC., AND/OR IN HIS CAPACITY AS MEDICAL DIRECTOR OF BAPTIST SENIOR BEHAVIORAL HEALTH SERVICES; KHARI A. OMOLARA, P.C.; KHARI A. OMOLARA, M.D., INDIVIDUALLY AND/OR IN HIS CAPACITY AS AN EMPLOYEE OF MISSISSIPPI BAPTIST HEALTH SYSTEMS, INC., AND/OR IN HIS CAPACITY AS AN EMPLOYEE OF MISSISSIPPI BAPTIST MEDICAL CENTER, INC., AND/OR IN HIS CAPACITY AS CONTRACTOR OF BAPTIST BEHAVIORAL HEALTH SERVICES; GRACE SCOTT, R.N., INDIVIDUALLY AND/OR IN HER CAPACITY AS AN EMPLOYEE OF MISSISSIPPI BAPTIST HEALTH SYSTEMS, INC., AND/OR IN HER CAPACITY AS AN EMPLOYEE OF MISSISSIPPI BAPTIST MEDICAL CENTER, INC., AND/OR IN HER CAPACITY AS EMPLOYEE OF BAPTIST BEHAVIORAL HEALTH SERVICES; TIFFANY PARKER, L.S.W., INDIVIDUALLY AND/OR IN HER CAPACITY AS AN EMPLOYEE OF MISSISSIPPI BAPTIST HEALTH SYSTEMS, INC., AND/OR IN HER CAPACITY AS AN EMPLOYEE OF MISSISSIPPI BAPTIST MEDICAL CENTER,

INC., AND/OR IN HER CAPACITY AS EMPLOYEE OF BAPTIST BEHAVIORAL HEALTH SERVICES; BECKY IVEY, O.T., INDIVIDUALLY AND/OR IN HER CAPACITY AS AN EMPLOYEE OF MISSISSIPPI BAPTIST HEALTH SYSTEMS, INC., AND/OR IN HER CAPACITY AS AN EMPLOYEE OF MISSISSIPPI BAPTIST MEDICAL CENTER, INC., AND/OR IN HER CAPACITY AS EMPLOYEE OF BAPTIST BEHAVIORAL HEALTH SERVICES; S. INMAN, R.N., INDIVIDUALLY AND/OR IN HER CAPACITY AS AN EMPLOYEE OF MISSISSIPPI BAPTIST HEALTH SYSTEMS, INC., AND/OR IN HER CAPACITY AS AN EMPLOYEE OF MISSISSIPPI BAPTIST MEDICAL CENTER, INC., AND/OR IN HER CAPACITY AS AN EMPLOYEE OF BAPTIST BEHAVIORAL HEALTH SERVICES; AND STACEY ASHLEY, INDIVIDUALLY

DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEYS FOR APPELLANTS: ATTORNEYS FOR APPELLEES:

NATURE OF THE CASE: DISPOSITION: MOTION FOR REHEARING FILED: MANDATE ISSUED:

03/18/2009 HON. W. SWAN YERGER HINDS COUNTY CIRCUIT COURT MARCIE T. SOUTHERLAND BRANAN P. SOUTHERLAND EUGENE R. NAYLOR REX M. SHANNON, III ANASTASIA G. JONES CLIFFORD B. AMMONS LORRAINE W. BOYKIN WHITMAN B. JOHNSON, III FRANK F. FARMER CIVIL - PERSONAL INJURY AFFIRMED - 10/07/2010

GRAVES, P.J., DICKINSON AND CHANDLER, JJ. DICKINSON, JUSTICE, FOR THE COURT:

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