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THOMAS v. MISSOURI PACIFIC R.R. CO.

No. 84-C-1131.

466 So.2d 1280 (1985)

Gladys Brown THOMAS, Irma Thomas Hayes, Barbara Thomas Adams, Wanda Thomas Sims, and Carolyn Thomas Mc Cray v. MISSOURI PACIFIC RAILROAD COMPANY, and State of Louisiana, Through the Department of Transportation and Development. Darill Dewayne MOCK, Darren Dewayne Mock, Felicia Everett Ward, and Michele Ward v. MISSOURI PACIFIC RAILROAD COMPANY, and State of Louisiana Through the Department of Transportation and Development. Florine BEARD v. Billy R. ADAMS, Missouri Pacific Railroad Company, the Unopened Succession and Estate of Herman Thomas, MFA Insurance Company and the State of Louisiana.

Supreme Court of Louisiana.

Rehearings Denied May 2, 1985.

Attorney(s) appearing for the Case

David W. Robertson, Alexandria, Charles F. Wagner, Pineville, C. James Hicks, Helen Ginger Roberts, Gravel & Brady, Alexandria, for plaintiffs-applicants.

LeDoux R. Provosty, Jr., Ronald J. Fiorenza, Provosty, Sadler & deLaunay, Alexandria, Marshall W. Wroten, Robert J. Jones, Warren D. Ponder, James C. Russell, Jr., Baton Rouge, DOTD-Office of Highways; for defendants-respondents.

CALOGERO, Justice.

We granted writs in this tort case arising out of a car-train collision to examine a jury verdict exonerating the Missouri Pacific Railroad Company and a judgment of the trial judge exonerating the State of Louisiana. For the reasons expressed hereinafter, we affirm the judgment exonerating the State but reverse the judgment in favor of the railroad to allow the Thomas plaintiffs partial recovery.

The facts giving rise to this litigation...

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