ARNOLD v. ILLINOIS CENT. GULF R.R.

No. 85 CA 0672.

501 So.2d 778 (1986)

Willie ARNOLD, Individually and on Behalf of His Children, Johnny, Emily, Willie and Terry Arnold v. ILLINOIS CENTRAL GULF RAILROAD and the City of Hammond.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 22, 1987.

Writ Denied March 20, 1987.


Attorney(s) appearing for the Case

Catherine Leary, New Orleans, for plaintiffs-appellants.

William Doran, Baton Rogue, for defendant-appellee.

Charles McCowan, Jr., David K. Nelson, Baton Rouge, for amicus curiae LA Municipal Assoc.

Before EDWARDS, WATKINS and PONDER, JJ.


WATKINS, Judge.

This case arises from a fatal collision at a railroad grade crossing in Hammond, Louisiana. The primary issues before us are the liability of the state for inadequately marking the crossing, the amount of damages recoverable by the decedent's husband and children, and the fault of the decedent. The trial court dismissed plaintiffs' wrongful death claims against the state after a trial on the merits. We reverse and render.

On May 31, 1983, Mrs...

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