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HEALY v. NATIONAL R.R. CORP. (AMTRAK)

No. 92-CA-728.

613 So.2d 1117 (1993)

Kevin HEALY v. NATIONAL RAILROAD CORPORATION ("AMTRAK"), Louisiana Department of Transportation and Development, the Parish of Jefferson, and Louisiana Gas Service Company.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied April 23, 1993.

Attorney(s) appearing for the Case

Lowe, Stein, Hoffman, Alweiss & Hauver, Michael R. Alweiss and Max J. Cohen, New Orleans, for plaintiff-appellant, Kevin Healy.

Borrello, Huber & Dubuclet, Kathleen W. Will, Metairie, for intervenor-appellant, Liberty Mut. Ins. Co.

Lemle & Kelleher, David S. Kelly, Randall A. Fish and Bryan C. Misshore, New Orleans, for defendant-appellee, Illinois Cent. R. Co.

Ansardi, Maxwell & Power, Michael J. Power, Dorothy A. Pendergast and J. Casey Fos, Kenner, for defendant-appellee, State of Louisiana.

Before KLIEBERT, C.J., and BOWES and DUFRESNE, JJ.

KLIEBERT, Chief Judge.

Plaintiff-appellant, Kevin Healy, appeals a district court judgment holding him solely responsible for the personal injuries he sustained when a passenger train collided into the side of the van he was driving at a railroad crossing in Jefferson Parish.

Mr. Healy's petition alleged (1) the collision resulted from the negligence of defendant-appellee, National Railroad Corporation (Amtrak) as the operator of the passenger train and (2...

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