Emma Miller v. OneBeacon Insurance Company, No. 11-60032 (5th Cir. 2011)
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Case: 11-60032 Document: 00511516862 Page: 1 Date Filed: 06/22/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-60032 Summary Calendar June 22, 2011 Lyle W. Cayce Clerk EMMA J. MILLER, Individually and as Personal Representative of the Estate of Jasper Pruitt, Deceased, Plaintiff-Appellant, versus ONEBEACON INSURANCE COMPANY, Defendant-Appellee. Appeal from the United States District Court for the Northern District of Mississippi USDC No. 1:09-CV-273 Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges. PER CURIAM:* Emma Miller sued OneBeacon Insurance Company, seeking additional * Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. Case: 11-60032 Document: 00511516862 Page: 2 Date Filed: 06/22/2011 No. 11-60032 compensation for the unskilled nursing services she had provided to Jasper Pruitt because of his work-related injury. The district court granted summary judgment because the Mississippi Workers Compensation Commission has already ruled on Miller s claim for compensation, which is thus barred under the doctrine of res judicata. In its thorough Memorandum Opinion dated December 16, 2010, the court held that Miller has not presented evidence that OneBeacon acted in bad faith or that she is entitled to punitive damages. We have reviewed the briefs and pertinent portions of the record and have consulted the applicable law. The summary judgment is AFFIRMED, essentially for the reasons stated by the district court. 2
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