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CHANEY v. NATIONAL R.R. PASSENGER CORP.

No. 90 CA 1586.

583 So.2d 926 (1991)

Homer D. CHANEY, for the Use and Benefit of Meagan Ann CHANEY, Minor v. NATIONAL RAILROAD PASSENGER CORPORATION, Illinois Central Railroad Company, State of Louisiana and City of Ponchatoula.

Court of Appeal of Louisiana, First Circuit.

June 27, 1991.

Attorney(s) appearing for the Case

David W. Robinson, Baton Rouge, Eric Pittman, Denham Springs, Thomas B. Watterman, Ponchatoula, for plaintiff-appellant Homer D. Chaney.

Christopher Moody, Hammond, for defendant-appellee City of Ponchatoula.

David S. Kelly, New Orleans, for defendant-appellee Nat. R.R. Co.

David N. Crawford, Baton Rouge, for defendant-appellee Dept. of Transp. and Development.

William Doran, Jr., Baton Rouge, for defendant-appellee Dept. of Justice.

Before LOTTINGER, SHORTESS and CARTER, JJ.

LOTTINGER, Judge.

This is an appeal by the plaintiff, Homer D. Chaney, from a judgment of the trial court granting the City of Ponchatoula's motion for summary judgment and dismissing it from plaintiff's suit. The trial court granted summary judgment and dismissed the City of Ponchatoula (the City) from the suit based on the immunity granted by La.R.S. 9:2798.1, the discretionary function exception to governmental liability.

FACTS AND PROCEDURAL HISTORY<...

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