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HIGHLANDS INS. CO. v. MISSOURI PACIFIC R.R. CO.

No. 87-1012.

532 So.2d 317 (1988)

HIGHLANDS INS. CO., Plaintiff-Appellee, v. MISSOURI PACIFIC RAILROAD CO., et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

October 5, 1988.

Attorney(s) appearing for the Case

Roy & Hattan, Candice Hattan, Lafayette, for plaintiff-appellee.

Bertrand & Soileau, Charles Soileau, Rayne, Taylor & Trosclair, Earl Taylor, Opelousas, for defendants-appellants.

Before DOMENGEAUX, KNOLL and KING, JJ.

KNOLL, Judge.

The State of Louisiana, Department of Transportation and Development (hereafter DOTD) appeals an adverse judgment of the trial court which found it 35% at fault for damages Thomas Lee, Sr. (hereafter Lee) suffered at a railroad crossing on February 2, 1982, when his pick-up truck struck a Missouri Pacific Railroad Company (hereafter MOPAC) train. The crossing in question was marked with only a crossbuck warning...

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