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WISNER v. ILLINOIS CENT. GULF R.R.

No. CA 87 1401.

537 So.2d 740 (1988)

Terry WISNER v. ILLINOIS CENTRAL GULF RAILROAD, et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied February 14, 1989.

Writ Denied March 30, 1989.

Attorney(s) appearing for the Case

Lewis O. Unglesby, William Lowrey, Jr., Baton Rouge, Calvin Fayard, Jr., Easterly and Pittman, Denham Springs, for plaintiff Terry Wisner.

David Kelly and John C. Reynolds, New Orleans, for defendant Illinois Central Gulf R.R.

Peter Dazzio, Baton Rouge, for defendant Elgin, Joliet & Eastern R.R.

Richard J. Brazan, Jr., Baton Rouge, for plaintiff in Intervention Office of Risk Management.

Before COVINGTON, C.J., and LOTTINGER and FOIL, JJ.

LOTTINGER, Judge.

This appeal arises from a jury award of $2,794,000 to the plaintiff, Terry Wisner, who was exposed to toxic chemicals released when an Illinois Central Gulf Railroad (ICG) freight train derailed in Livingston, Louisiana. ICG, the defendant, appeals.

FACTS

On September 28, 1982, an ICG freight train carrying toxic chemicals derailed causing many of the cars to overturn and breach their contents. A major fire also broke out at the...

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