BARBAY v. AETNA CAS. & SUR. CO.

No. 83 CA 0895.

454 So.2d 181 (1984)

Katherine A. BARBAY v. AETNA CASUALTY & SURETY CO., G.K. Technologies Sperry Rail Services Division, A Subsidiary of Automation Industries, Sentury Insurance Company & Missouri Pacific Railroad Company.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 24, 1984.


Attorney(s) appearing for the Case

James H. Dupont, Plaquemine, for Katherine A. Barbay.

Richard Creed, Jr., Boris F. Navratil, Wm. F. Janney, Anthony J. Clesi, Jr., Baton Rouge, for defendants.

Before LOTTINGER, EDWARDS and ALFORD, JJ.


LOTTINGER, Judge.

Plaintiff was injured when she alighted from an automobile being driven by her husband, fearing that the auto was about to be struck by a railroad car. The incident occurred on August 9, 1980 at the intersection of LaBauve Street and Railroad Avenue in Plaquemine, Louisiana. Railroad Avenue runs north to south and is separated by a middle-ground occupied by a railroad track owned by the Missouri Pacific Railroad Company.

Plaintiff and her...

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