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MARTINOLICH v. SOUTHERN PACIFIC TRANSP. CO.

Nos. 88 CW 0159, 88 CW 0327.

532 So.2d 435 (1988)

Nick MARTINOLICH v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, et al. SOUTHERN PACIFIC TRANSPORTATION COMPANY v. Nick MARTINOLICH, et al.

Court of Appeal of Louisiana, First Circuit.

Writ Denied January 6, 1989.

Attorney(s) appearing for the Case

Risley C. Triche, Triche, Sternfels & Nail, Napoleonville, for plaintiff Nick Martinolich, Inc.

C. Kelly Lightfoot, Hailey, McNamara, Hall, Larmann & Papale, Metairie, for plaintiffs American Mut. Liability Ins. Co. Nick Martinolich, Russell Benoit, III.

John G. Gomila, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for defendant Southern Pacific Transp. Co.

Patsy Jo McDowell Cooper, Sr. Asst. Gen. Counsel, Baton Rouge, for defendant State of La., Dept. of Transp. and Development.

Before EDWARDS, SHORTESS and SAVOIE, JJ.

SHORTESS, Judge.

These consolidated cases stem from a collision which occurred on November 1, 1980, between a train owned by the Southern Pacific Transportation Company (Southern Pacific) and a sugar cane truck owned by Nick Martinolich and operated by Russell Benoit, his employee. The collision occurred in Lafourche Parish at a point where the Southern Pacific railroad tracks traverse Louisiana Highway 3185.

Southern Pacific filed suit for its damages against...

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