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VENTRESS v. UNION PACIFIC R.R. CO.

No. 95-CA-1240.

666 So.2d 1210 (1995)

Leon VENTRESS, Individually and as Tutor of His Minor Child, Terry Lenn Hawkins v. UNION PACIFIC RAILROAD COMPANY, Norfolk Southern Corporation, Brockhoeff's Chevrolet, Inc., Kelsey-Hayes Company and State of Louisiana, Through the Department of Transportation and Development.

Court of Appeal of Louisiana, Fourth Circuit.

Order on Grant of Rehearing January 29, 1996.

Attorney(s) appearing for the Case

James J. Morrison, Jr., Metairie, for Insurance Company of North America.

Edward F. Downing, III, Gauthier and Murphy, Metairie, and Edwin R. Murray, New Orleans, for Plaintiff-Appellant.

H. Alston Johnson, III, Phelps Dunbar, Baton Rouge, and William H. Howard, III, Phelps Dunbar, New Orleans, for Missouri Pacific Railroad Company, d/b/a Union Pacific Railroad.

Before BYRNES, LOBRANO and MURRAY, JJ.

BYRNES, Judge.

On October 25, 1989 a pickup truck driven by plaintiff, Terry Hawkins, was struck by a train. This suit was brought for damages sustained by Hawkins. On May 12, 1994 the jury rendered a verdict finding that Hawkins had suffered damages totalling $20,184,000.00 and apportioning fault as follows: Union Pacific Railroad—32%; Brockhoeff's Chevrolet—41%; Terry Hawkins—5%; Glen Rivet and Sons...

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